Hawke v. Bell

OPINION BIRDSALL, Judge.

Can the trial court set aside a default judgment because of the amount of damages awarded absent new evidence that the amount of the award was not justified? That is the only question, presented in this appeal. We hold that it cannot and reverse.

On September 11, 1981, the plaintiff/appellant, Lawrence M. Hawke, was seriously injured when bitten by the appellees’ Rhodesian Ridgeback dog. The appellants, Mr. Hawke and his wife, Linda, retained counsel who learned that the appellees were insured by Preferred Risk Insurance Company. The company had a local agent who…