David Ward and Ginger Hunsucker successfully obtained dismissal in a suit involving a hospital where the case was re-filed after having been previously dismissed without prejudice per Mr. Ward’s and Ms. Hunsucker’s motion to dismiss for the Plaintiff’s failure to prosecute. Mr. Ward and Ms. Hunsucker argued that the Plaintiff’s re-filed case was done so outside the statute of limitations, and the case was subsequently dismissed with prejudice, thereby barring the Plaintiff from any further attempt at re-filing this matter.
The outcome of a particular case cannot be predicated upon a lawyer's or law firm's past results.