One of the pitfalls of plaintiff personal injury practice is the failure to provide demanded discovery to your adversary. This can occur when an attorney for the injured party has either taken on too many cases, or has let a case slip through the cracks. The penalty for this inaction can be harsh. In the fall of 2005, New York State's highest court, The Court of Appeals, held that a trial court's dismissal of a plaintiff's personal injury action for the attorney's failure to comply with the Court's discovery orders warranted a dismissal "for neglect to prosecute the action". Unfortunately for the injured plaintiff, because the statute of limitations of three years had expired, the plaintiff was not allowed to bring the action again. The Court of Appeals stated that "disregard of deadlines should not and will not be tolerated." www.foleygriffin.com
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