Levitt v. Kacy Manufacturing Co.

In this product liability suit, default judgment was entered in favor of plaintiffs, in the amount of $114,300 for Lewis Levitt and $15,000 for Roberta Levitt. Defendant appeals as of right both from the order denying its motion to set aside the default and from the default judgment. We believe the circuit judge abused her discretion in failing to set aside the default. Accordingly, we set aside the default and default judgment and remand for trial.

Defendant failed timely to appear in circuit court due to the mishandling of the summons and complaint by an agent or former agent of its insurer.…