Edwards v. Ferguson

Littlejohn, Justice.

The defendant, Harold Ferguson, and his liabilty insurer, State Farm Mutual Automobile Insurance Company, moved to set aside a personal injury default judgment in the amount of $25,000 on the ground that the same was taken through mistake, inadvertence, surprise, or excusable neglect pursuant to Section 10-1213 of the Code. The motion was overruled and the defendant appeals.

The defendant argues that the trial judge abused his discretion in refusing the motion.

To determine whether there was an abuse of discretion it is necessary to review the facts which were before the…