Rita A. Toth, and Sondra J. Thornally, Esq., Claimant-Appellant v. Trans World Airlines, Inc.

Rita A. Toth and her attorney, Sondra J. Thornally, appeal from an order of the U.S. District Court for the Northern District of California, Samuel Conti, District Judge, dismissing their action with prejudice pursuant to Fed.R.Civ.P. 37(b)(2)(C), 41(b), and Local Rules 100-3 and 235-10, and holding appellants jointly liable to pay TWA $15,-288.25 in costs and attorney’s fees incurred as a result of their disobedience to the District Court’s orders, pursuant to Fed.R. Civ.P. 11, 37(b)(2), and Local Rules 100-3 and 235-2. Appellants raise several issues on appeal, only one of which has merit.

I.

FACTUAL BACKGROUND

This action arose out of injuries appellant Toth allegedly sustained on May 29, 1982, while she was a passenger aboard a TWA airplane. During the flight, a bag apparently fell from an overhead luggage compartment when it was opened by a fellow passenger, and struck Toth while she was sitting in her seat. As the ensuing facts illustrate, however, more than luggage was to come down upon Toth’s head.

On June 3, 1982, five days after the luggage incident, Toth resigned her job with the Bank of America. Prior to this resignation, she had not sought medical attention for…