The plaintiff brought a motion to set aside a registrar's dismissal of her personal injury action for abandonment under Rule 48.
The action arose from a 2009 rear-end motor vehicle accident.
The plaintiff had difficulty serving the defendant driver, who had moved frequently and had her license suspended for failing to pay fines related to the accident.
The court found the plaintiff had an acceptable explanation for the delay and that the defendants would suffer no non-compensable prejudice if the action proceeded.
The motion was granted and the action was restored to active status.
