Evans v. Gogo

Edward and Mary Sue Evans appeal from an order of the Circuit Court of Raleigh County denying their motion to rein*358state a cause of action previously dismissed under Rule 41(b), W.Va.R.Civ.P., for failure to prosecute. The circuit court denied reinstatement on the ground that there was no showing of good cause for the delay in prosecution. Because we conclude that change of out-of-state associate counsel constituted good cause in this case, we reverse the circuit court and remand the case for further proceedings.

The Evanses instituted a medical malpractice action on August 12, 1985 after the…