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CARUSO v. PEARCE

No. 34144.

678 S.E.2d 50 (2009)

Jennifer L. CARUSO, Plaintiff Below, Appellant, v. Brian N. PEARCE and P&T Trucking, Incorporated, Defendants and Third-Party Plaintiffs Below, Appellees v. Quality Machine Co., Inc., Garry K. Knotts, and Joyce K. Hall, Third-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 4, 2009.

Concurring opinion of Justice Workman May 5, 2009.

Attorney(s) appearing for the Case

Frances C. Whiteman, Esq., Whiteman Burdette, PLLC, Fairmonr, WV, for appellant.

Stephen F. Gandee, Esq., Robinson & McElwee, PLLC, Clarksburg, WV, for appellees Brian N. Pearce and P&T Trucking, Incorporated.

George A. Halkias, Esq., Martin & Seibert, L.C., Charleston, WV, for appellee Joyce K. Hall.

Teresa A. Kleeh, Esq., Steptoe & Johnson, PLLC, Charleston, WV, for appellees Quality Machine Co., Inc. and Gary K. Knotts.

KETCHUM, Justice:

In this appeal from the Circuit Court of Kanawha County, we are asked to examine an order wherein the circuit court dismissed a case pursuant to Rule 41(b) of the West Virginia Rules of Civil Procedure for lack of activity.

After carefully considering the record, the briefs and the arguments of the parties, we find that the circuit court abused its discretion in dismissing the case 54½ weeks after the last activity in the case...

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