Oversole v. Manci

Opinion by

Chief Judge DAVIDSON.

Plaintiff, Crystal Oversole, appeals from the order dismissing with prejudice her personal injury claims against defendant, Michael Manci, for failure to prosecute. We reverse and remand.

I. Background

Plaintiff was involved in a motor vehicle accident in August 2004 and filed suit in June 2007 against Manci and two eodefendants who are not parties to this appeal. The codefendants were duly served and filed answers in August 2007. In August 2008, because Manci had not yet been served, the trial court issued a notice directing plaintiff to show cause why her claims…