Jones v. Hartranft

With this case we hold that a trial court does not abuse its discretion in dismissing a claim with prejudice under Civ.R. 41(B)(1) when a plaintiff, who has had an objectively reasonable amount of time for discovery, fails to proceed upon a scheduled trial date for want of evidence of defendant’s liability.

DISMISSAL UNDER CIV. R. 41(B)(1)

Civ.R. 41(B)(1) provides that “[w]here the plaintiff fails to prosecute, * * * the court upon motion of a defendant or on its own motion may, after notice to the plaintiffs counsel, dismiss an action or claim.”2 A dismissal for failure to prosecute “operates…