Heather P. Hogrobrooks Harris v. Jimmie L. SmithAnnotate this Case
Authoring Judge: Chief Judge D. Michael Swiney
Trial Court Judge: Judge Mary L. Wagner
This appeal arises from a lawsuit over a car accident. Heather P. Hogrobrooks Harris ( Plaintiff ), proceeding pro se, sued Jimmie L. Smith ( Defendant ) in the Circuit Court for Shelby County ( the Trial Court ) for diminution in the value of her vehicle, medical expenses, pain and suffering, loss of use of her vehicle, and negligent infliction of emotional distress. On several occasions over the course of the case, Plaintiff failed to show up to court. When Plaintiff failed to appear for trial, the Trial Court granted a continuance with a warning that, should Plaintiff fail to appear again, her case would be dismissed. Plaintiff subsequently failed to appear, and the Trial Court dismissed her case with prejudice for lack of prosecution, as it warned it would. Plaintiff appeals to this Court, arguing among other things, that the Trial Court Judge was biased against her and that the Trial Court erred in dismissing her case. First, we find no evidence whatsoever that the Trial Court Judge was biased against Plaintiff. Second, Plaintiff’s stated reasons for failing to show up for trial, that it was cold and rainy that day and her car was old and unreliable, respectfully will not suffice. We find no abuse of discretion in the Trial Court’s dismissal of Plaintiff’s case for lack of prosecution. We affirm the judgment of the Trial Court.