Cornelius v. Benefield

¶ 35. The majority finds that the circuit court did not abuse its discretion in dismissing with prejudice Cornelius’s medical-malpractice complaint against Dr. Benefield. In my opinion, the record does not support a Rule 41(b) dismissal. Therefore, I dissent. I would reverse the circuit court’s judgment and remand this case for a trial on the merits.

¶ 36. Let me be clear, I am well aware that the plaintiff shoulders the primary responsibility for moving the case forward once the complaint is filed. However, as the majority notes and then disregards, “[tjhere is no set time limit on the…