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PEGUES v. ILLINOIS CENT. R. CO.

No. W2007-01983-COA-R3-CV.

288 S.W.3d 350 (2009)

Lloyd M. PEGUES v. ILLINOIS CENTRAL RAILROAD COMPANY.

Court of Appeals of Tennessee, at Jackson.

July 22, 2008.

Application for Permission to Appeal Denied by Supreme Court January 20, 2009.

Attorney(s) appearing for the Case

R. Christopher Gilreath, Memphis, Tennessee, for the appellant, Lloyd M. Pegues.

Thomas R. Peters and Michael C. Hermann, Belleville, Illinois, and M. Beth Rainwater, Memphis, Tennessee, for the appellee, Illinois Central Railroad Company.

OPINION

DAVID R. FARMER, J., delivered the opinion of the court, in which ALAN E. HIGHERS, P.J., W.S., and WALTER C. KURTZ, SR. J., joined.

Plaintiff failed to comply with the trial court's discovery order to produce two witnesses for deposition within forty-five days, and Defendant moved to dismiss under Tennessee Rule of Civil Procedure 37.02. Plaintiff appeals, asserting the trial court abused its discretion where there was no evidence of willful or dilatory...

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