Cornelius v. Benefield

CARLTON, J.,

for the Court:

¶ 1. The issue presented in this case is whether the trial court abused its discretion in dismissing Nell Cornelius’s medical-malpractice claim with prejudice, pursuant to Mississippi Rule of Civil Procedure 41(b), for failure to prosecute. The trial court found dismissal was warranted because of a clear record of delay by Cornelius; prejudice to the defendant, Dr. Donald Benefield; and aggravating circumstances. The record shows that Cornelius repeatedly failed to cooperate with discovery requests; failed to timely disclose known witnesses, including an expert…