Tark Enterprises, Inc. v. Siedlecki

GLICKSTEIN, Judge.

This is an appeal from a non-final order, denying appellant’s motion to set aside a default. We reverse and remand.

On June 11, 1983, appellee Cynthia Sied-lecki ate raw clams at Tark’s restaurant and allegedly took sick, with resulting hospitalization and medical treatment. On August 9, 1983, Mrs. Siedlecki’s lawyer notified Tark Enterprises, Inc., of her claim for personal injuries. Tark contacted its insur*1182er, Insurance Technicians, Inc.; and the insurer’s adjuster, Ms. Joan McCammon, contacted Mrs. Siedlecki’s attorney.

Mrs. Siedlecki’s complaint was filed February 2, 1984.…