in Re Michael Allyn Conner and Iesi Solid Waste Services

A plaintiff has a duty to “prose-cut[e] the suit to a conclusion with reasonable diligence,” failing which a trial court may dismiss for want of prosecution. Callahan v. Staples, 139 Tex. 8, 161 S.W.2d 489, 491 (1942). The issue here is whether a trial court abuses its discretion by refusing to grant a motion to dismiss for want of prosecution in the face of unmitigated and unexplained delay. We hold that it does.

In December 2002, Donald and Crystal Peel were traveling in their van along a highway when they were struck by a truck driven by Michael Conner and owned by his employer, IESI Solid…