Putnam v. Clague

Opinion

THAXTER, J.

These three consolidated appeals present the frequently raised, always troubling, question of whether the trial court abused its discretion in dismissing an action for delay in prosecution. We hold that when the plaintiff makes a credible showing of excuse, based on counsel’s decisions which are not clearly unreasonable, dismissal should not be ordered unless the defendant was prejudiced by the delay or some other circumstance shows that the interests of justice are best served by dismissal. Here, the plaintiffs made a sufficient showing of excuse, and the defendant showed…