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Spencer v. Albemarle Hospital3/18/2003
15, disc. rev. denied, 304 N.C. 195, 285 S.E.2d 99 (1981). An involuntary dismissal under Rule 41(b) "is the most severe sanction available to the court in a civil case." Wilder, 146 N.C. App. at 576, 553 S.E.2d at 427. Claims should be involuntarily dismissed only when lesser sanctions are not appropriate to remedy the procedural violation. See Harris v. Maready, 311 N.C. 536, 551, 319 S.E.2d 912, 922 (1984); Daniels v. Montgomery Mut. Ins. Co., 81 N.C. App. 600, 604, 344 S.E.2d 847, 849 (1986).
Because there is no evidence in the present case to support the trial court's determination that sanctions against plaintiff were warranted, we hold that dismissal of plaintiff's case was improper. See Green v. Eure, Secretary of State, 18 N.C. App. 671, 672-73, 197 S.E.2d 599, 601 (1973) (holding that the trial court erred in dismissing plaintiff's action for failure to prosecute). The order of the trial court is hereby
Reversed.
Judges WYNN and HUDSON concur.
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