[¶ 21.] “The authority of the trial court concerning sanctions is flexible and allows the court ‘broad discretion with regard to sanctions imposed thereunder for failure to comply with discovery orders.’ ” Schwartz v. Palachuk, 1999 S.D. 100, ¶ 23, 597 N.W.2d 442, 447 (quoting Chittenden & Eastman Co. v. Smith, 286 N.W.2d 314, 316 (S.D.1979)). Plaintiffs have not demonstrated that the circuit court abused its discretion in awarding sanctions.
Those who totally ignore them . . . should not be heard to complain that a sanction was too severe." Schwartz v. Palachuk, 1999 SD 100, ¶ 23, 597 N.W.2d 442, 447. [¶ 18.] To date, Storm has failed to show an absence of good cause to dismiss the action.
But for her defensive driving response, Mrs. Hansen's vehicle would have been drawn into the collision. Mrs. Hansen contemporaneously observed the collision causing serious injury to her brother. Nielson, 597 N.W.2d 442. Her allegation of emotional distress is based on her fear that her brother may suffer potentially serious injuries or death and was not caused by any "fear for . . . her own safety."
[¶ 25.] In attempting to establish a three-year requisite period of inactivity for dismissal under SDCL 15-6-41(b), Eischens attempt to distinguish Storm v. Durr, 2003 SD 6, 657 N.W.2d 34, Jenco, Inc., 2003 SD 79, 666 N.W.2d 763 and Schwartz v. Palachuk, 1999 SD 100, 597 N.W.2d 442, where the defendant's motions for dismissal was granted with shorter periods of delay. Eischens argue that the dismissals in these cases were granted because the plaintiff's disregarded or otherwise failed to follow a court order.