Downey v. Long

The above cases were consolidated for argument, and, as they involve the same issue, they will be considered together for purposes of this decision.

Plaintiffs appeal from orders dismissing the cases for want of prosecution and contend that the trial court abused its discretion in doing so.

On April 29, 1965, plaintiff Lorraine Downey filed a complaint in the circuit court for Lincoln county and alleged malpractice against the defendant, a physician and surgeon. An amended complaint was filed on August 18, 1966, and a motion to strike wás allowed on October 18, 1966. A second amended complaint…