JONES v. HARTRANFT

No. 95-2497.

78 Ohio St.3d 368 (1997)

JONES, APPELLEE, v. HARTRANFT ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 14, 1997.


Attorney(s) appearing for the Case

Randall W. Pees, for appellee.

Earl, Warburton, Adams & Davis, Ted L. Earl and Christopher R. Walsh, for appellants.


COOK, J.

With this case we hold that a trial court does not abuse its discretion in dismissing a claim with prejudice under Civ.R. 41(B)(1) when a plaintiff, who has had an objectively reasonable amount of time for discovery, fails to proceed upon a scheduled trial date for want of evidence of defendant's liability.

DISMISSAL UNDER CIV. R. 41(B)(1)

Civ.R. 41(B)(1) provides that "[w]here the plaintiff fails to prosecute, * * * the court upon motion...

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