Morrison Mahoney Partner Brian Heermance and Associate Namita Mehta recently obtained a judgment dismissing a complaint upon a discovery motion in a dental malpractice action.
The plaintiff failed to provide a Bill of Particulars or response to our Combined Demands. We filed a motion to dismiss, preclude and compel, and the plaintiff continued to fail to provide any discovery. The Court executed an Order that instructed the plaintiff to provide the outstanding discovery within 60 days. The 60 days elapsed and the discovery was still not provided; therefore, we filed a motion to execute the Court’s Order. As a result, the Court dismissed the action.