Caruso v. Pearce

KETCHUM, Justice:

In this appeal from the Circuit Court of Kanawha County, we are asked to examine an order wherein the circuit court dismissed a case pursuant to Rule 41(b) of the West Virginia Rules of Civil Procedure for lack of activity.

After carefully considering the record, the briefs and the arguments of the parties, we find that the circuit court abused its discretion in dismissing the case 54]£ weeks after the last activity in the case. As set forth below, we reverse the circuit court’s dismissal order.

I

Facts and Background

The plaintiff-below and appellant, Jennifer L. Caruso, alleges…