(dissenting). The problem with this case is that no one was willing to spend the time or money to examine the three dentists. The procedure used was vague, with each party writing or telephoning the court to address perceived problems, rather than bringing motions. The result was the confusion that pervades the record.
The September 11 conference was held pursuant to a series of telephone calls between the court and the attorney for Waelti. There is no record of the substance of those calls. However, previous correspondence suggests that the parties and the court were attempting to deal with Waelti’s problem in obtaining a medical opinion that Albert was negligent in treating Waelti. The court ultimately concluded that Waelti would not be able to meet his burden to show that Albert negligently treated him. I do not believe that this conclusion is warranted. All that Waelti said was that he was not sure whether his expert witness would testify that Albert was negligent.
Faced with this problem, the solution was not to dismiss the action or proceed to trial, the only alternatives suggested by the majority. A trial court has wide discretion in entering pretrial orders, and could have ordered Waelti to depose his experts, or provide medical reports showing Albert to be negligent. The court could have granted a motion to dismiss had Waelti failed to obey the order. Defendant could have brought a motion for summary judgment if Waelti’s experts failed to support his claim.
Waelti obeyed the only scheduling order issued, and identified his expert witnesses. Dismissal is a harsh *150remedy, and should be invoked as a last resort. Justice is better done by forcing a litigant with suspect claims to produce necessary evidence before trial or suffer dismissal of his or her complaint. I would reverse to permit that to be done.