McIlwaine v. Williams

TIMMONS-GOODSON, Judge.

Kenneth T. Williams (“defendant”) appeals from an order of the trial court denying his motion to set aside a default judgment entered against him. For the reasons set forth herein, we reverse the order of the trial court.

The pertinent facts of this appeal are as follows: On 23 March 2001, Lester Mcllwaine (“plaintiff’) filed an unverified complaint against defendant in Mecklenburg County Superior Court seeking unspecified damages for personal injuries he allegedly suffered when defendant’s automobile struck plaintiff. Plaintiff served defendant with a civil summons and…