Killingsworth v. Dickinson Theatres, Inc.

ROBERT S. BARNEY, Chief Judge.

Donnita Killingsworth and David Kill-ingsworth (Plaintiffs) appeal from an order of the Circuit Court of Greene County setting aside a default judgment entered against Dickinson Theatres, Inc., (Defendant). The trial court found, inter alia, that it was “no longer equitable that the judgment remain in force, as set forth in 74.06(b)(5).”1

The record shows that Plaintiff, Donnita Killingsworth, was injured at a movie theater owned by Defendant. Defendant’s insurer was CIGNA Property and Casualty (“CIGNA”). On October 9, 1995, Plaintiffs’ attorney sent a settlement…