The Defendant applied to dismiss the Plaintiff’s personal injury Action for long delay under Rule 4.31. This Action was initiated on March 15, 2013, stemming from a motor vehicle accident that occurred on April 18, 2011. The matter was complicated by the fact that, since the subject accident, the Plaintiff had been involved in four subsequent automobile accidents, three of which had been litigated.

The Court reviewed Rule 4.31 and acknowledged that, while the delay was considerable, it was not inexcusable. The primary reason for the delay was the subsequent accidents and the related litigation, indicating that neither the Plaintiff nor the Defendants are solely responsible for the delay. The Defendants contended that the delay has resulted in significant prejudice due to fading witness memories and the loss of medical records. However, the Court determined that the pertinent medical records and notes were eventually provided, even if late, and had not been lost, negating any claims of prejudice from their delayed submission. Justice Hall ultimately dismissed the Application for these reasons.