Intensiva Hospital of Greater St. Louis, Inc., D/B/A Select Specialty Hospital Missouri Cases

Cassandra Murphy appealed the circuit court's judgment dismissing her lawsuit for sex discrimination and retaliation under the Missouri Human Rights Act for failure to prosecute. The circuit court had dismissed her case with prejudice after a period of perceived inactivity. The appellate court reversed, holding that the circuit court abused its discretion because Murphy's counsel had taken sufficient actions, including moving to remove the case from the dismissal docket, engaging in preliminary settlement negotiations, and attempting to schedule a deposition, to prevent a finding of substantial delay. The case was remanded with specific instructions to reinstate Murphy's case.