State Appeals Court Finds Dismissal Sanction Too Harsh

MIAMI - A Florida trial court acted too harshly when it sanctioned a plaintiff for her attorney's malfeasance and disobedience by dismissing her Lipitor injury case with prejudice, a Florida appellate majority ruled Sept. 3. Burgess v. Pfizer Inc., et al., No. 3D07-754 (Fla. App., 3rd Dist.).

The Florida 3rd District Court of Appeal majority reinstated the case but affirmed the trial court order that the plaintiff and her attorney to pay $20,519 in fees and costs to the defendants.

Tyrone K. Backers sued Pfizer and the University of Miami, alleging that he had developed liver failure requiring a transplant …