The plaintiff brought a motion for a status hearing under Rule 48.14 to avoid the dismissal of his personal injury action for delay.
The defendant elevator maintenance company opposed the motion and brought a cross-motion to dismiss the action for delay under Rule 24.01.
The court found that the plaintiff provided a reasonable explanation for the delay, which was largely due to the inadvertence of his counsel, and that the defendants would not suffer non-compensable prejudice if the action proceeded.
The plaintiff's motion was granted and the defendant's cross-motion was dismissed.
