Hager v Treasurer of Mo.
Release Date: Nov. 24, 2020 (Accident date Sept. 1997)
Venue: Eastern
Plot Summary: Court of appeals affirms a dismissal of a case for failure to prosecute after nearly 18 years when no steps were identified how claimant attempted to move his case forward. Claimant's counsel sought to set aside the dismissal of the claim against the second injury fund and asserts he had hired an investigator to locate his missing client but did not identify any results.
The commission found a hearing was not required in every case to set aside a motion to dismiss when the motion to set aside includes alleged facts, even if true, would still ail to support good cause to set aside the dismissal. The court found good cause to dismiss when the claimant failed to keep in contact with the Division to update his address and to remain in contact with his attorney.
ED 108950
Cast:
Gardner, Hon.
Gilkerson, atty
Toepke, atty
