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Woods v. World Truck Transfer12/3/1999
defendant over a long period of time, see Ford v. Bartlett, 62 Tenn. (3 Baxt.) 20, 21-22 (1873), or when a plaintiff fails to move a case toward adjudication when there is no compelling reason for delay. See Timber Tracts, Inc. v. Fergus Elec. Coop., Inc., 753 P.2d 854, 856 (Mont. 1988); Penn Piping, Inc. v. Insurance Co. of N. Am., 603 A.2d 1006, 1009 (Pa. 1992).
We understand that Ms. Woods and her husband were reluctant to pursue only their property damage claim. However, we find no reason in the record why they would have allowed the property damage claim in their renewed complaint to languish from August 1994 until January 1997. Their procedurally incorrect and futile efforts to reinvigorate their first complaint do not adequately account for this delay. After the trial court dismissed the first complaint in August 1996, the lawyer representing Ms. Woods and her husband failed to press forward on their property damage claim. Based upon the absence of a cogent explanation for the five year delay in prosecuting their property damage claim against World Truck Transfer, the trial court properly dismissed the claim for lack of prosecution.
IV.
We affirm the dismissal of the personal injury and property damage claims against Mr. Seigham and the property damage claims against World Truck Transfer. We also vacate the portion of the trial court's orders dismissing Ms. Woods's and her husband's claims against World Truck Transfer stemming from the personal injuries she sustained in the collision and remand the case for further proceedings consistent with this opinion. We tax the costs of this appeal to Mina Woods and Robert Woods and their surety for which execution, if necessary, may issue.
WILLIAM C. KOCH, JR., JUDGE
CONCUR:
HENRY F. TODD, PRESIDING JUDGE, MIDDLE SECTION
BEN H. CANTRELL, JUDGE
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