Maxwell v. Forest Fair Mall, Ltd., C-060412 (6-22-2007)

DECISION

{¶ 1} Plaintiffs-appellants, Debra and Craig Maxwell, appeal from the trial court's judgment dismissing their claims against defendants-appellees, Forest Fair Mall, Ltd., a.k.a. FFM Limited Partnership, Michael G. Lawley, D.O., and Reconstructive Orthopedics, Inc., for failure to prosecute. We reverse the trial court's judgment and remand the case for further proceedings.

{¶ 2} The Maxwells filed a complaint against Forest Fair Mall seeking damages for injuries Debra had sustained from a fall in the mall in November 1995. They voluntarily dismissed that complaint under Civ.R. 41(A)(1)…