Peltier

The trial court dismissed plaintiff Timothy P. Peltier’s personal injury suit for failure to bring the case to trial within three years (Code Civ. Proc., § 583.410; all further undesignated section references are to this code). He moved for relief under section 473, asserting that his attorney’s decision not to move the case forward until plaintiff’s condition had stabilized constituted mistake or neglect within the meaning of that provision. Denied relief in the trial court, he makes the same contention here. We shall affirm.

Background

On June 28, 1990, plaintiff filed an action against defendant McCloud River Railroad Company seeking damages for work-related injuries under the Federal Employers’ Liability Act ( 45 U.S.C. §51 et seq.). Defendant answered the complaint on October 11,1990. Discovery ensued, and defendant took plaintiff’s deposition on April 5, 1991. Plaintiff took no further action to move the case forward for 22 months.

On March 4, 1993, plaintiff filed an at-issue memorandum and a certificate of readiness for trial. However, following plaintiff’s failure to file a pretrial conference statement as ordered by the trial court, the matter was dropped…