Sysco Intermountain Food Service v. City of Twin Falls

HUNTLEY, Acting Chief Judge.

By this appeal we are asked to decide (1) whether a default judgment in favor of Sysco was properly set aside pursuant to I.R.C.P. 60(b)(1); and (2) whether the motion for summary judgment in favor of Sysco was properly granted.

On December 15, 1981, Sysco’s vehicle, driven by employee Larry Smith, collided with a vehicle owned by the City of Twin Falls and driven by a city employee. After Sysco’s vehicle was towed to a garage, Smith inquired of and was informed by a city police officer that the City’s insurance agent was Anderson, Blake, Fay Insurance Agency…