Vozniak v. Winans

The appellants and plaintiffs below, Edmond R. and Nina M. Vozniak, appeal the involuntary dismissal under Rule 41(b) of the West Virginia Rules of Civil Procedure of their personal injury suit on January 11, 1993. The suit was filed on October 12,1989. Both sides engaged in discovery by way of interrogatories and depositions of the parties. The last deposition was taken on December 18, 1991.

During this period of time, there had been some settlement discussions. The plaintiffs state that the defendants’ insurance carrier paid the property damage claim on their motor vehicle. However,…