Vitale v. Elliott

Doris J.

This is an appeal from an order of a Superior Court justice denying the plaintiffs’ motion to vacate judgment. The plaintiffs appeal.

On March 26, 1975, plaintiffs Albert J. Vitale and Marcus Vitale filed a complaint against defendant William Elliott for injuries sustained by Marcus Vitale when the trail bike he was riding collided with defendant’s motor vehicle. On April 25, 1975, defendant submitted interrogatories to be answered by each plaintiff.

When those interrogatories were not answered within 40 days, defendant filed a motion on June 10, 1975, to compel plaintiffs to answer.…