Krivak v. Home Depot U.S.A., Inc., No. 20-1276 (7th Cir. 2021)
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After plaintiff was injured from a slip and fall in a Home Depot parking lot, he filed suit against the store claiming that he sustained substantial injuries and alleging that his injuries required multiple surgeries, as well as physical and occupational therapy.
The Seventh Circuit concluded that plaintiff's appeal is limited to the district court's denial of his second post-judgment motion filed under Rule 60(b). The court noted that, as a practical matter, that conclusion changes very little because plaintiff's appeal is all and only about whether the district court abused its discretion in dismissing his case for lack of prosecution. The court explained that the district court's denial of the Rule 60(b) motion effectively amounted to reinforcing and standing by its original dismissal decision. In this case, the court concluded that the district court acted well within its discretion dismissing plaintiff's suit where plaintiff's counsel missed many conferences. Because plaintiff chose counsel as his agent, he bears the consequences of counsel's actions. Accordingly, the court affirmed the district court's refusal to reopen the case.
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