We represented the defendant podiatrist in an action in which the plaintiff, a 49-year-old woman, presented to the podiatrist for a right fifth (pinky) toe arthroplasty (joint reconstruction), a surgical reduction of a spur on the right great toe, and excision of benign lesions on the same toes. She claimed that, after the surgery, she began having pain and numbness in the right foot, and difficulty walking and standing. She alleged in the action that these symptoms were due to nerve damage negligently caused by the podiatrist’s surgery.  The plaintiff was uncooperative over the course of discovery, necessitating motion practice several times to enforce compliance.  At the end of the discovery process, the plaintiff appeared for a physical examination by a neurologist retained by us, but simply refused (despite her own attorney’s advice) to allow the neurologist to examine her left foot for purposes of comparison to the right. She was overheard to say at the doctor’s office: “They don’t have rights. I have rights.” Shortly after what we considered to be the incomplete physical examination, we moved to dismiss the case on the basis that the plaintiff’s unreasonable conduct represented the “last straw” in terms of frustrating the discovery process, as the plaintiff had demonstrated utter disregard for the defendant’s right and ability to properly prepare his defense, justifying dismissal of the action. The Court agreed and issued a decision dismissing the case.