Manny v. Estate of Anderson

OPINION

HATHAWAY, Judge.

This is an appeal by the plaintiffs, survivors of David Manny, from an order setting aside a default judgment in a wrongful death action. The defendants, the Estate of Stanford H. Anderson and Gayle Anderson, surviving spouse and administratrix, are also appealing the order. The defendants’ insurer is appellee, Airway Casualty Company, now known as Avemco Insurance Company, which successfully moved to vacate the default judgment against its insured.

The peculiar circumstances of this case are as follows. On August 28, 1973, David Manny and Stanford H. Anderson were…