Coburn v. Fox

On March 16, 1981, plaintiffs were awarded $40,000 in their wrongful death action against defendant. On February 15, 1982, the trial court entered an order holding garnishee-defendant not liable. Plaintiffs appeal by leave granted.

On October 14, 1973, plaintiffs’ decedents died in a car accident with defendant. At that time, garnishee-defendant insured defendant’s car. Just less than three years later, plaintiffs sued. Although garnishee-defendant provided counsel and was willing to defend the suit, defendant allegedly did not cooperate. Not only did he fail to appear at his deposition, but,…