Norris v. Greater Cleveland Regional Transit Auth.

Citations

• 201 N.E.3d 316
• 2022 Ohio 3552

Syllabus

Negligence motion to dismiss for want of prosecution Civ.R. 60(B) excusable neglect. The trial court properly granted RTA's motion to dismiss for want of prosecution and denied appellant's Civ.R. 60(B) motion claiming his incarceration constituted excusable neglect. The docket reflects a drawn-out history of litigation and appellant's lack of participation preceded his incarceration. Under the circumstances of this case, the trial court properly found appellant's incarceration did not constitute excusable neglect. Its dismissal of the case with prejudice was not an abuse of discretion.