Jones v. Smith

Parks, J.:

This appeal is from the trial court’s order allowing defendant to set aside a default judgment.

Plaintiff Allis Jones was injured on April 15, 1972, when she was struck by an automobile driven by defendant David Smith. The vehicle was titled in the names of Sandra and V.E. Keller and was insured by Western Casualty & Surety Company. Jones instituted an action against Smith on May 10, 1973, seeking recovery for her injuries. Service of process was timely made on Smith. Western was also notified of the proceedings but refused to defend Smith on the grounds that it was not liable under…