Toler v. Rapid American

OPINION

HENRY, Judge.

William and Frances Toler appeal from orders of the Jefferson Circuit Court dismissing their lawsuit for lack of prosecution pursuant to CR 1 77.02 and CR 41.02. Upon review, we vacate and remand for further proceedings.

On October 30, 1997, the Tolers filed a complaint against a number of defendants alleging that William sustained injuries— specifically asbestosis — due to his occupational exposure to asbestos while employed as a pipefitter from 1962 to 1997. Among those defendants is Cardinal Industrial Insulation (hereinafter “Cardinal”), the party most particularly…