(DOWNLOAD) "Scott W. Rupert v. Home Mutual Insurance" by Court of Appeals of Wisconsin ~ Book PDF Kindle ePub Free
eBook details
- Title: Scott W. Rupert v. Home Mutual Insurance
- Author : Court of Appeals of Wisconsin
- Release Date : January 03, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Scott Rupert appeals an order dismissing his action against Home Mutual Insurance Company and Catherine Pire. The trial court dismissed the complaint because it concluded that Rupert had failed to diligently prosecute the action. Rupert argues that the dismissal violated his due process rights because he had no warning of what conduct constituted failure to prosecute an action. While we agree that the dismissal for failure to diligently prosecute violates due process under the facts of this case, we determine that the trial court has discretionary power to dismiss for failure to respond to interrogatories in a timely fashion. We conclude that the propriety of the exercise of such discretion, however, depends on further factual findings. Accordingly, we reverse and remand for further proceedings. Rupert filed suit against Pire on July 30, 1984, claiming damages caused by a collision between the motorcycle he was riding and the car she was driving. Rupert also named Home Mutual, Pire's insurer, as a defendant. Home Mutual filed an answer on August 9, 1984. Rupert filed a request for production of documents on August 13, 1984. The next day, Home Mutual noticed Rupert's deposition. Home Mutual complied with Rupert's request for production of documents on August 20, 1984. On or about the same day, Home Mutual served a set of written interrogatories on Rupert.
 "Scott W. Rupert v. Home Mutual Insurance" by Court of Appeals of Wisconsin ~ Book PDF Kindle ePub Free){kind=link}