Cryomedics, Inc. v. Smith

Sognier, Judge.

Angela and Russell Smith brought a personal injury action against Cryomedics, Inc. (Cryomedics), and a number of other parties. Cryomedics failed to timely answer the complaint whereupon the trial court entered judgment in favor of the Smiths against Cryomedics. We granted Cryomedics’ application for interlocutory appeal from the trial court’s denial of its motion to set aside judgment and open default.

After it was served in this action, appellant immediately forwarded the complaint to its insurance agent, Burger & Burger, Inc. (Burger). A temporary employee of Burger…