Duffy v. Town of West WarwickAnnotate this Case
The Supreme Court affirmed the judgment of the superior court granting Defendants’ motion to dismiss this action pursuant to Rule 41(b)(2) of the Superior Court Rules of Civil Procedure, holding that the motion justice did not abuse his discretion in dismissing the complaint.
Plaintiff filed this action in 2010, but service was not completed at that time. In 2015, Plaintiff had copies of the complaint and summonses served upon Defendants. Defendants filed a motion to dismiss based on lack of prosecution and failure to serve process upon Defendants within the time required in Rule 4(1) of the Superior Court Rules of Civil Procedure. The motion justice dismissed the action, with prejudice, under Rule 41(b). The Supreme Court affirmed, holding that, given the five-year delay in serving the complaint and the lack of any explanation for the delay, the motion justice did not abuse his discretion in dismissing the complaint.