Entergy Mississippi, Inc. v. RichardsonAnnotate this Case
The trial court granted plaintiff Karen Richardson’s motion to reinstate a negligence action arising out of a 2001 automobile accident involving a truck owned by defendant Entergy Mississippi, Inc. Richardson’s action had been dismissed for failure to prosecute. Upon review of the appeal, the Supreme Court found that the trial court erred in granting the motion to reinstate. While the statute of limitations did not operate to preclude an evaluation of the merits for equitable relief under Mississippi Rule of Civil Procedure 60(b), no valid Rule 60(b) grounds existed for granting relief from the dismissal of the action. The case was appropriately dismissed for failure to prosecute and no extraordinary circumstances were present to justify reinstatement. The judgment of the Circuit Court granting reinstatement was therefore reversed and the case dismissed without prejudice.