Owen v. Healy

Summary

The Maine Supreme Judicial Court held that a party represented by counsel may not be defaulted solely for failing to appear personally at trial. The court vacated the default judgment arising from an automobile collision and remanded for further proceedings, while upholding the denial of the defendant's motion for judgment as a matter of law on the existing record.

Holdings

1. A party may not be defaulted for failing to appear personally at trial when the party's counsel is present and representing the party.
2. The District Court properly denied Healy's motion for judgment as a matter of law.

Questions Presented

1. Whether the District Court properly entered a default against Healy solely because he was personally absent from trial while represented by counsel.
2. Whether the District Court properly denied Healy's motion for judgment as a matter of law after entering the default and deeming the complaint's allegations admitted.

Disposition

vacated