Pennington v. Employer's Liability Assurance Corp.

OPINION

This appeal arises from the dismissal of a garnishment proceeding against Employer’s Liability Assurance Corporation.

In the superior court, Earl Pennington and his wife recovered a $30,000 judgment from Snow, Rimmer and the National Indemnity Corporation, a garnishee, for personal injuries and for. the wrongful death of their unborn child. Subsequently, the parties agreed to settle for $10,000 and to have the trial court dismiss the case with prejudice, subject to a reservation of rights.

The trial court entered a formal judgment of dismissal which ordered that the case be dismissed…