Hertz' You Drive It Yourself System, Inc. v. Castle

WADDILL, Commissioner.

The appeal is from an order overruling a motion pursuant to CR 60.02 to set aside a default judgment for failure of service of summons.

Bert Hall rented a truck from Drive It Yourself, Inc., in Dayton, Ohio, and it was driven to Kentucky where it collided with a wagon occupied by appellees. As a result of the accident appellees sued Hall, his driver Roope, and the appellant, ITertz’ You Drive It Yourself System, Inc. Service of summons was attempted under the Non-Resident Motorist Service of Process Act, as provided by KRS 188.010 et seq. In conformity with this Act, the…