The plaintiff brought a motion to restore his motor vehicle accident claim to the trial list after it was struck due to multiple adjournments.
The plaintiff argued the delay was intentional to allow for a catastrophic impairment assessment and to join related actions.
The court found the plaintiff failed to provide an acceptable explanation for the delay, noting he had not even applied for the catastrophic impairment designation.
Furthermore, the court found the defendant would suffer actual, non-compensable prejudice because two key medical witnesses could no longer be located.
The motion to restore the action to the trial list was dismissed.
