The plaintiff brought a motion to set aside a registrar’s order dismissing a medical malpractice action as abandoned under Rule 48.15(1) of the Rules of Civil Procedure and to extend the time for service of the originating process.
The court applied the Reid factors governing relief from registrar dismissal orders, considering the explanation for delay, inadvertence, promptness in bringing the motion, and prejudice to the defendant.
The delay arose primarily from severe personal tragedies affecting the plaintiff’s former counsel, which rendered him unable to practice and resulted in the plaintiff being unaware that her action had not been prosecuted.
The court found that the plaintiff acted promptly once aware of the issue and that the defendant had not demonstrated actual prejudice from the delay.
The registrar’s dismissal order was therefore set aside and late service of the notice of action and statement of claim was validated.
