LOIS Dismisses Case With Prejudice, Cites Petitioner’s Failure to Comply with Discovery

LOIS Associate Kyle Grabowski successfully prevailed on a motion to dismiss for lack of prosecution in a New Jersey Workers’ Compensation case. The claim arose when the Petitioner was injured when an elevator rapidly dropped between floors. An answer was filed, and discovery demands were provided to Petitioner’s attorney. After numerous follow-ups that resulted in no response, Grabowski filed a motion to compel discovery. After fourteen days elapsed, a supplemental document was filled with the Court stating that under N.J.A.C 12:235-3.5(b), a motion shall be considered uncontested unless responsive papers are filed and served within 14 days of the service of the motion. Grabowski argued in the supplement that since no response was filed, the motion should be uncontested and disposed of on the papers. As the next scheduled hearing date was not imminent, Grabowski also filed a motion to dismiss for lack of prosecution. At the next hearing, there was still no response regarding answers to the discovery demands. An immediate request to be heard on the motion was granted by the Judge of Workers Compensation, and Attorney Grabowski successfully prevailed in dismissing the case. The Judge granted and signed the dismissal order with prejudice to close out the matter with no medical payments being provided.