Borglund

This is an appeal by plaintiff and appellant from a judgment in favor of defendants and respondents after the trial court entered an order dismissing her action pursuant to Code of Civil Proce dure section 583, subdivision (b), for appellant’s want of prosecution in failing to bring the case to trial within five years. The trial court concluded it did not have discretion to consider principles of estoppel in ruling upon respondents’ motion to dismiss.

Appellant Gaby Borglund, a Swedish citizen, brought this action for personal injuries suffered in a snowmobile accident which occurred in Sweden. In her complaint, which was filed on June 10, 1971, appellant alleged that respondents: (1) negligently instructed her regarding the operation of the snowmobile, (2) failed to warn her of known defects in the manufacture of the vehicle, (3) failed to obtain worker’s compensation insurance, and (4) misled her into believing she would be compensated for injuries suffered.

On June 27, 1978, over seven years after the filing of the complaint, respondents noticed a motion to dismiss the action for appellant’s failure to bring the case to trial within five years, pursuant to section…