MMP&S Obtains Dismissal of Trip and Fall Case in Federal Court

Christo Hadjicharalambous of MMP&S’s Woodbury, New York office obtained a dismissal of a potentially high-value trip and fall action in the United States District Court for the Southern District of New York.  After the plaintiff failed to appear for her continued deposition and failed to appear for an orthopedic independent medical examination, MMP&S filed a motion to dismiss pursuant to FRCP Rule 37 (discovery sanctions) and Rule 41 (failure to prosecute or comply with court orders).  The court was not compelled by plaintiff’s excuse that she was seeking new counsel and agreed with our argument that allowing the plaintiff to belatedly appear for a deposition would be prejudicial to the defendants.  Although the plaintiff filed a notice of appeal in the Second Circuit Court of Appeals, she failed to perfect her appeal and the case was dismissed with prejudice.

Practice Areas: General & Product Liability