Horton ex rel. Wiginton v. Illinois Central Gulf Railroad

JONES, Justice.

This is an appeal from a default judgment entered against Illinois Central Gulf Railroad Company (“ICG”) in the amount of $500,000. The Circuit Court of Franklin *1285County refused to vacate the default judgment, and entered an order pursuant to the provisions of Rule 54(h), A.R.Civ.P., making the judgment final as to ICG. We reverse and remand.

On the night of March 6, 1986, Guy Wayne Jenkins lost control of the car in which he and passenger Jeffrey Allan Wig-inton were riding. The car went through the side railings of a one-lane wooden bridge, owned and maintained by ICG, and then…