The plaintiff brought a motion to restore his wrongful arrest and negligent investigation action to the trial list after it was struck due to his lack of counsel.
The court found that because there was no impending dismissal under the amended Rule 48.14, the strict Nissar test did not apply.
The court concluded the action was ready for trial, the delay was reasonably explained by the plaintiff's efforts to retain new counsel, and the defendants would suffer no non-compensable prejudice.
The motion was granted and costs of $3,000 were awarded to the plaintiff.
