Phillips v. Fuller

WATHEN, Justice.

The plaintiffs, Paul and Catherine Phillips, appeal from an order of the Superior Court (Aroostook County) dismissing their case with prejudice. We conclude that the dismissal was entered erroneously and therefore we vacate the judgment.

In 1981, the plaintiffs filed a complaint against David and Wendell Fuller for injuries resulting from a motor vehicle accident. The case was specially assigned for jury trial on July 22,1985, at which time all parties and counsel appeared. At that time, both counsel informed the court that the case had been settled and the matter was passed…