DiBello v. St. Jean

This civil action was brought in the Superior Court by the plaintiff to recover for personal injuries and property damage allegedly sustained in a motor vehicle collision. While three separate defendants are charged with negligence, we are concerned only with the action against the defendant S. Rosenthal & Son, Inc., a Massachusetts corporation. That defendant moved under Rule 41(b)(2) of the Superior Court Rules of Civil Procedure to dismiss the action for failure of the plaintiff to comply with the rules, and, when that motion was granted, the plaintiff appealed.

Although the record and…