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Breza v. Schmitz

Supreme Court of Minnesota
Dec 3, 1976
311 Minn. 236 (Minn. 1976)

Summary

upholding dismissal with prejudice based on plaintiff's failure to cooperate or comply with discovery orders

Summary of this case from Burns v. Ungerman

Opinion

No. 46455.

December 3, 1976.

Dismissal — for failure to comply with discovery orders — propriety.

Action in the Blue Earth County District Court for personal injuries allegedly sustained by plaintiff in a collision between his automobile and one driven by defendant Roger A. Schmitz and owned by defendant Marvin Schmitz. The court, Harvey A. Holtan, Judge, dismissed the action with prejudice, and plaintiff appealed from said order. Affirmed.

Minnie B. Breza, pro se, for appellant.

Farrish, Johnson, Maschka Hottinger, for respondents.

Considered and decided by the court without oral argument.


This appeal by plaintiff, Minnie Breza, seeks reversal of a second involuntary dismissal of her personal injury action commenced September 30, 1971, arising out of an automobile accident which occurred October 10, 1965. In her first appeal, Breza v. Schmitz, 305 Minn. 537, 233 N.W.2d 559 (1975), we held that inasmuch as the case had not been set for trial on a day certain, involuntary dismissal of her action for failure to prosecute under Rule 41.02(1), Rules of Civil Procedure, was improper.

Shortly after remand, a day certain trial date was set for October 21, 1975. At a pretrial conference, at which plaintiff appeared pro se, motions by plaintiff and defendants, Roger Schmitz and Marvin Schmitz, were heard and orally decided. An order responsive to the motions was issued October 8. Included was an order compelling plaintiff to answer defendants' interrogatories and to submit to oral deposition on October 21.

Upon plaintiff's failure to obey the discovery orders, her action, upon defendants' motion, was dismissed with prejudice pursuant to Rule 37.02(2)(c), Rules of Civil Procedure.

Despite the painstaking efforts of the trial court and defendants' counsel to afford plaintiff all possible assistance and courtesies, a review of the voluminous record unmistakably supports the trial court's findings that "[p]laintiff has wilfully and without justification or excuse" refused to comply with discovery orders and "deliberately and in bad faith, with the intent to delay the trial," continued to refuse to cooperate with the court and defendants' counsel to bring the case to a prompt and expeditious conclusion as directed by this court and thereby "forfeited her right to a trial of her case on the merits."

We have no choice but to affirm the trial court's dismissal. See, Kielsa v. St. John's Lutheran Hospital Assn. 287 Minn. 187, 177 N.W.2d 420 (1970).

Affirmed.

MR. CHIEF JUSTICE SHERAN took no part in the consideration or decision of this case.


Summaries of

Breza v. Schmitz

Supreme Court of Minnesota
Dec 3, 1976
311 Minn. 236 (Minn. 1976)

upholding dismissal with prejudice based on plaintiff's failure to cooperate or comply with discovery orders

Summary of this case from Burns v. Ungerman

affirming dismissal of case on the merits for failure to comply with discovery orders, including failure to appear for deposition

Summary of this case from Dunham v. Darin Opperman

In Breza, the Minnesota Supreme Court affirmed a district court's decision to dismiss a plaintiff's complaint as an appropriate discovery sanction under Minn. R. Civ. P. 37.02. 248 N.W.2d at 922.

Summary of this case from Albert v. Chon Xiong

explaining factors used in determining whether discovery sanctions are appropriate

Summary of this case from Demartini v. Fonss
Case details for

Breza v. Schmitz

Case Details

Full title:MINNIE BREZA v. ROGER SCHMITZ AND ANOTHER

Court:Supreme Court of Minnesota

Date published: Dec 3, 1976

Citations

311 Minn. 236 (Minn. 1976)
248 N.W.2d 921

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