Younker v. Schmid Products Co.

MURPHY, Chief Judge. Robin Lynn Younker and her husband, Leonard Younker (the Younkers), filed this product liability action against Schmid Products Company (Schmid) on November 30, 1983 in the Circuit Court for Washington County. The suit alleged that an intrauterine device manufactured by Schmid caused Ms. Younker to develop pelvic inflammatory disease. The Younkers also filed interrogatories and a request for the production of documents.

Schmid filed its answer on February 21, 1984. Between that date and February 21, 1985, the docket entries reflect the parties’ discovery efforts. On August 8 and 9, 1985, docket entries reveal that a law firm requested a copy of the complaint and that the clerk filled this request. After that date, no entries occurred for more than one year; thus, the clerk’s office notified the parties that dismissal for lack of prosecution under Md.Rule 2-507 was contemplated.

The Younkers moved to defer entry of dismissal. In their motion, they explained the complex nature of their case, its relationship to similar intrauterine device cases pending in other Maryland courts, and the unresolved discovery disputes with Schmid in both their case in Washington County and the other pending cases. The trial court denied the motion and entered an order dismissing the case. The Younkers then moved to alter the judgment pursuant to Rule 2-534.

In addition to the information contained in their motion to defer dismissal, the motion to