Victoria Nancy Cistrone

The plaintiff brought a motion seeking leave to amend her notice of action, extend the time to file a statement of claim, and extend the time to serve the amended notice of action and statement of claim in a medical malpractice case.

The court dismissed the motion, finding that the plaintiff's deliberate decision to put her case on hold for 20 months, without contact with her lawyer, demonstrated a lack of intention to pursue the claim.

The court also found that the plaintiff failed to provide a reasonable explanation for the delay and that the defendants would suffer significant prejudice due to the passage of over four years since the events, leading to memory loss among medical professionals and loss of opportunity for timely investigation by the hospital.

The plaintiffs moved for an order granting additional time to set their medical malpractice action down for trial, five years after its commencement.

The motion proceeded as a status hearing under Rule 48.14, requiring the plaintiffs to show cause why the action should not be dismissed for delay.

The court considered the explanation for delay, the alleged non-compensable prejudice to the defendants, and the overarching principle of resolving disputes on their merits.

The court found the plaintiffs provided a reasonable explanation for the delay, particularly given the complex medical issues, the death of the lead plaintiff, and difficulties in securing expert evidence.

The court was not convinced that the defendants would suffer non-compensable prejudice.

The motion to extend time was granted, and a timetable was to be established.