Wright
Wright v. Maritime Overseas Corp.
Opinion
lead Opinion
Weigel, J.
FINDINGS AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
On February 19, 1982, plaintiff seaman filed this action for alleged personal injuries pursuant to the Jones Act, 46 U.S.C. § 688 . Defendant properly noticed plaintiff’s deposition for May 11, June 22, and August 27, 1982. These three depositions were all continued at the request of plaintiff’s attorney due to the alleged unavailability of plaintiff.
On September 29, 1982, plaintiff moved to continue the November 8, 1982, trial date. It was represented that plaintiff was enrolled in school in Louisiana and would be committed there until the end of 1982. On October 25, 1982, this Court referred the matter to arbitration. An arbitration hearing subsequently was set for March 22, 1983.
A fourth deposition was properly noticed for January 4, 1983. On January 2, 1983, plaintiff’s counsel advised defendant’s counsel that plaintiff could not be located. Plaintiff was not in Louisiana, nor had he been there since November, 1982. No one, including plaintiff’s mother, knew plaintiff’s whereabouts.
On January 6, 1983, defendant moved to compel plaintiff’s attendance at a deposition or, alternatively, for dismissal of the action.…