JENNIFER L. AL-ATHARI AND HAIDER AL-ATHARI v. LUIS A. GAMBOA AND MORGAN SOUTHERN, INC. - Articles

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Posted by: Tanja Trezise on Jan 2, 2014

Court: TN Court of Appeals

Attorneys 1:

Jennifer L. Al-Athari and Haider Al-Athari, Antioch, Tennessee, Pro Se.

Attorneys 2:

Steven Douglas Parman, Nashville, Tennessee for the appellee, Morgan Southern, Inc.

Judge(s): COTTRELL

A woman driving a passenger vehicle was involved in a motor vehicle accident with a tractor trailer. The woman and her husband filed a complaint alleging negligence and loss of consortium against the other driver and against the owner of the tractor trailer. The Plaintiffs did not comply with the deadlines set out in the Scheduling Order and, as a result, they were precluded from introducing medical testimony or records in support of their claims. On the day set for trial, the Plaintiffs told the court they were not prepared to try their case and wanted to go home. The trial court dismissed the case without prejudice, with the option of filing a new complaint within a year, and the Plaintiffs appealed. We hold the trial court did not abuse its discretion in dismissing the Plaintiffs’ Complaint, and, accordingly, affirm the trial court’s judgment.

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