Graham v. Eurosim Construction, et al.
Annotate this CasePlaintiff Tycollo Graham appealed a superior court order dismissing his lawsuit against defendants ProCon, Inc. and Eurosim Construction, on res judicata grounds. Plaintiff argued on appeal that his suit in Merrimack County Superior Court was not barred by the Grafton County Superior Court’s prior dismissal of an identical action against the same defendants because the prior dismissal was not a final judgment on the merits. To this, the New Hampshire Supreme Court agreed: his suit is not barred by res judicata. Accordingly, the Supreme Court reversed and remanded. The Court also adopted a prospective rule that a dismissal order resulting from a plaintiff’s violation of a court order or a procedural rule that is silent as to prejudice will be deemed to be without prejudice and, therefore, not “on the merits” for the purposes of res judicata.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.