Jurado
Jurado v. Toys" R" US, Inc.
Opinion
Opinion
Vogel, J.
We reverse an order dismissing Plaintiff Lillian Jurado’s slip-and-fall action against Defendant Toys “R” Us, Inc.
Facts
Jurado sued Toys “R” Us for personal injuries. The matter was initially set for trial on May 6, 1991, but was continued on the court’s own motion to July 16. On July 12, Jurado successfully moved for a continuance on the ground that her treating physician, Dr. Arthur Collins, had taken an “unexpected vacation” and was unavailable. Toys “R” Us did not oppose the motion, and trial was continued to November 12.
Later in July, Dr. Jacob Rabinovich became Jurado’s treating physician in place of Dr. Collins, and on July 23 Jurado’s process server personally served Dr. Rabinovich with a subpoena requiring his appearance at trial on November 12. On July 31, Dr. Collins was served with a subpoena requiring his attendance on November 12. Shortly thereafter, Collins disappeared and Jurado’s efforts to locate him were unsuccessful (he moved without leaving a forwarding address or telephone number).
On November 12, Jurado requested a brief continuance or placement on the master calendar court’s trailing calendar because she had just learned that Dr. Rabinovich…