Haskell v. Bragg
Annotate this CaseDawn Haskell and Martin Witham (together, Plaintiffs) filed a complaint against Grover Bragg and Donald York (together, Defendants), asserting a claim for negligence against Defendants. Bragg did not timely file an answer after being served and did not otherwise appear in or defend in the matter. The clerk entered a default against Bragg. The court awarded compensatory damages based on the allegations in the complaint. The Supreme Judicial Court affirmed, holding that although the trial court erred when it considered evidence of comparative negligence, the error was harmless because the court found that Plaintiffs were not negligent.
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