Credit: jittawit.21/Adobe Stock Appellate Division Reverses Trial Court's Dismissal of Lawsuit
"But trial court judges must tread carefully in granting a dismissal with prejudice, knowing that, unless the circumstances are egregious with multiple failures to comply with a court order and discovery requests, their decision may be reversed by the Appellate Division," writes litigation attorney Betsy G. Ramos.
February 29, 2024 at 10:00 AM
7 minute read
Personal Injury
Plaintiff North Jersey Hip & Knee Center sued defendants Janet Quevedo and her attorney Amy Peterson based upon a letter of protection, claiming $183,107 of medical bills allegedly owed for services rendered by plaintiff to Quevedo after an automobile accident. Plaintiff had treated Quevedo for her injuries from the accident based upon a letter of protection sent by Peterson, her personal injury attorney. Due to plaintiff's failure to comply with a court order compelling discovery, the trial court dismissed the complaint with prejudice. The issue in North Jersey Hip & Knee Center v. Quevedo, 2024 N.J. Super. Unpub. LEXIS 171 (App. Div. Feb. 5, 2024), was whether the trial court erred in entering the ultimate sanction of dismissal versus other less drastic sanctions available.
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