News Brief

Lowry & Ebert Obtain Dismissal for Failure to Timely Prosecute

August 20, 2018

Author: Michael Lowry

Michael Lowry (Partner-Las Vegas) and Amanda Ebert (Associate-Las Vegas) obtained dismissal of an alleged injury case filed against client/fixed-route bus operator in Eighth Judicial District Court. When the bus was cut off by another vehicle, the driver successfully avoided a collision, but a passenger alleged injury, suing the bus driver and the driver of the other vehicle. In litigation, the plaintiff allowed the case to be assigned to a diversion program with accelerated hearing schedules. Amanda handled the discovery process and prepared the case for its arbitration hearing, which the plaintiff failed to attend.  The plaintiff also then failed to complete the hearing before the 12-month diversion program deadline expired. Michael and Amanda moved to dismiss, as the law is clear that the passenger had the duty to satisfy the deadline, but failed to do so based upon his own errors.  The district court agreed and dismissed the case; the passenger did not appeal the order.  

View more News Briefs