Thomas v. Ryder/P-I-E Nationwide, Inc.
Docket: No. CA-8658
Court: Louisiana Court of Appeal; February 9, 1988; Louisiana; State Appellate Court
Plaintiff William H. Thomas appealed a trial court decision that dismissed his worker's compensation claim against Ryder/P-I-E Nationwide, Inc. Thomas alleged he was injured during employment. After filing suit, his counsel struggled to contact him due to his relocation out of state. Following this, Ryder's counsel filed a motion to compel answers to interrogatories, which was granted when neither Thomas nor his counsel appeared. Thomas's counsel withdrew, and new counsel requested an extension, which was granted. However, Thomas again failed to respond timely, prompting Ryder to file a motion to dismiss. The trial court ordered answers to be supplied "forthwith," but when Thomas failed to appear at trial, the court dismissed the case. Thomas later submitted answers and sought a new trial, which was denied. On appeal, the court noted that under La.C.Civ. Pr. art. 1672(A), a plaintiff's failure to appear at trial necessitates dismissal. Although Thomas argued for a continuance due to special circumstances, the appellate court found no abuse of discretion by the trial judge in denying this request. The court also saw no justification for granting a new trial. Consequently, the trial court's dismissal of Thomas's action was affirmed.