Callow v. Jacob

PER CURIAM:1

Virginia Callow (hereinafter “Appellant”), as Administratrix of the estate of Maxel *666Leon West, appeals a denial of a motion to reinstate a medical malpractice action dismissed by the Circuit Court of Roane County pursuant to Rule 41(b) of the West Virginia Rules of Civil Procedure. We reverse the decision of the lower court and remand for further proceedings consistent with this opinion.

On September 9, 1994, a wrongful death claim initiated by the Appellant was dismissed, without prejudice, by the lower court for failure to prosecute. The matter, originally filed on June 8, 1990,…