Jones v. Pinter
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The Supreme Court reversed the judgment of the trial court dismissing this tort action with prejudice under CR 41.02(1), holding that the trial court abused its discretion in dismissing the action with prejudice.
Plaintiff commenced this tort action alleging violations of various laws relating to occupational safety. Defendant filed a notice for independent medication examination (IME), but Plaintiff did not appear. Defendant then filed a motion to dismiss. The trial court concluded that dismissal was warranted in part because Plaintiff violated court orders by failing to appear for mediation and the IME. The Supreme Court reversed, holding that to the extent Plaintiff violated any court orders, those violations were insufficient to warrant the extreme remedy of dismissal with prejudice.
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