from the Franklin County Court of Common Pleas (C.P.C. No.
Ross, for appellants.
Dickie, McCamey & Chilcote, P.C., and Mary
Barley-McBride, for appellee.
1} Plaintiffs-appellants, Joyce Winkle et al.
("appellants"), appeal from the January 6, 2017
judgment of the Franklin County Court of Common Pleas
granting Kroger Grocery Store's ("appellee")
motion to dismiss appellants' complaint for want of
prosecution. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
2} This action arises from an incident at
appellee's store that occurred on January 4, 2013,
wherein appellant Joyce Winkle alleges that she was "in
the Soda isle, when she slipped and fell on a slippery
floor." (Mar. 28, 2016 Compl. at ¶ 6.) The trial
court in its order and entry granting appellee's motion
to dismiss noted that this is a refiled case and that
appellants failed to prosecute the initial case prior to
voluntarily dismissing the same. (Jan. 6, 2017 Order and
Entry at 1-2.) The trial court goes on to describe the
Shortly after voluntarily dismissing the first cause of
action Plaintiff refiled. Plaintiff again failed to produce
discovery or to comply with a Court Order to produce
discovery. Plaintiff again failed to provide the information
needed to allow Defendant to determine whether an independent
medical examination was needed. Plaintiff did not comply with
the Case Scheduling Order. Plaintiff did not identify any lay
or expert witnesses in accordance with the Court's Case
(Order and Entry at 2.)
On October 18, 2016, Defendant, The Kroger Co. filed a Motion
to Compel discovery by the Plaintiff. Plaintiff did not
respond to Defendant's Motion to Compel and on November
4, 2016, this Court ordered that the Plaintiff respond to the
Defendant's discovery no later than November 18, 2016.
The Court warned Plaintiff that "failure to comply
(with the Order compelling discovery) may result in
additional sanctions including ...