Lindsley v. Burke

Patrick Burke, Jr. (hereafter defendant) appeals as of right the trial court’s deci sion not to set aside a default judgment that was entered against him, alleging that he was not given proper notice of the hearing on plaintiff’s motion for entry of the default judgment and that plaintiff failed to state a cause of action in support of the judgment. We affirm.

This lawsuit stems from an automobile accident involving plaintiff and defendant Paul Atkinson. While Paul Atkinson was waiting to make a left turn into a roadway from a private drive, defendant was in the roadway waiting for Atkinson to…