Ann Q. Lynn v. Chin Heung International, Inc. And Korea Insurance Company

Plaintiff-appellant Ann Lynn (Lynn) appeals the judgment of the District Court of Guam, Appellate Division, affirming the judgment of the Superior Court of Guam dismissing her suit with prejudice for failure to prosecute. We affirm.

Lynn filed this action for damages against Chin Heung International, Inc. and its insurer, Korea Insurance Company (collectively appellees), on March 13, 1981. Both appellees answered by May 11 and the parties then embarked on discovery. In April 1982, Lynn filed an at-issue memorandum. The parties later stipulated to vacate the trial date and continue discovery and settlement negotiations. In July 1982, appellees sought production of a large number of documents. No further action occurred thereafter except for Lynn’s counsel’s invitation to inspect the requested documents in late 1983, to which appellees apparently never responded, and minimal and sporadic attempts to negotiate a settlement. The record indicates that counsel for both sides were preoccupied with other professional matters during this period. In late 1984, defense counsel suffered a heart attack and was substituted out of the case in December 1984. Appellees’ new counsel moved for…