Lomax v. Shaw

LEWIS, Judge.

This appeal raises the issue of whether a Superior Court judge has the authority to impose sanctions striking the defendants’ answer when the defendants renege on an agreement to settle the dispute. The case was removed from the trial calendar based upon counsels’ representations in open court that the case had been settled.

Plaintiffs filed this dram shop action on 7 June 1988. Defendants filed an answer in response to plaintiffs’ claims. The case was calendared for a trial on 23 October 1989.

On 23 October 1989, counsel for both parties announced to the trial judge that the case…