Marsh v. Way

Marshall, Chief Justice.

This action had its genesis in a wrongful-death suit against the appellant by the deceased’s spouse, appellee John Way. Mrs. Way was accidentally and fatally struck down by an automobile driven by the original defendant, appellant Jacquelyn Marsh.

After default judgment was entered against her, Marsh made several attempts to open the default judgment on the ground of the alleged fraud of an agent of her insurer in deliberately failing to forward the original complaint to her insurer’s attorney. See Marsh v. Way, 170 Ga. App. 300 (316 SE2d 599) (1984) (in which the…