Putnam

These three consolidated appeals present the frequently raised, always troubling, question of whether the trial court abused its discretion in dismissing an action for delay in prosecution. We hold that when the plaintiff makes a credible showing of excuse, based on counsel’s decisions which are not clearly unreasonable, dismissal should not be ordered unless the defendant was prejudiced by the delay or some other circumstance shows that the interests of justice are best served by dismissal. Here, the plaintiffs made a sufficient showing of excuse, and the defendant showed no prejudice or other factors justifying dismissal. Accordingly, we reverse.

Procedural and Factual Background

Michael and Geralyn Putnam filed a complaint against defendant Brian Clague, M.D., for medical negligence, lack of informed consent, and loss of consortium on May 29, 1987. Eddie and Marcia Ragsdale filed a similar complaint on June 9, 1987, and Gene and Leona Hess did likewise on December 1, 1987. Paul V. Melodía of the law firm of Walkup, Shelby, Bastían, Melodía, Kelly & O’Reilly represented the Putnams and Hesses throughout the pendency of their actions. The Ragsdales filed their…