Fenikile v. Powell

Cosme, Judge.

{¶ 1} Appellant, Jacqueline Powell, appeals from the judgment of the Lucas County Common Pleas Court granting default judgment to appellees, Tesfaye Fenikile and Lucia Fenikile. Appellant alleges that the trial court abused its discretion in striking her answer as a sanction for her insurance carrier’s alleged failure to comply with the pretrial notice requiring the presence of the “assigned” adjuster at the settlement pretrial.

{¶ 2} We conclude that the trial court abused its discretion in striking appellant’s answer. There is no evidence in the record that the adjuster present…