Edwin O. Hendrickson v. Sun Valley

The issue presented by this appeal is whether the trial court abused its discretion in failing to reinstate appellant's action after it had been dismissed for lack of prosecution. Under the circumstances of this case, we hold that it did not. Plaintiff-appellant Edwin Hendrickson, a resident of California, was allegedly injured on December 25, 1971, while skiing on Mount Baldy at Sun Valley, Idaho. Almost two years later on December 10, 1973, he filed a pro se complaint naming as defendants Sun Valley Corporation and Janss Corporation. Although we will refer to these two corporations as respondents, they are not parties to this action because they have never been served with either a summons or a copy of the complaint. After filing his complaint, appellant did nothing further, and on January 27, 1975, his action was dismissed for lack of prosecution.