Brooks v. Surman Dental Lab, Inc.

PRICE, Judge:

This appeal arises from a lower court order denying appellants’ petition to open a default judgment. For the reasons stated herein, we reverse the order of the court below and remand the case for further proceedings.

Facts pertinent to our decision are as follows. On October 20, 1974, an automobile accident occurred in which the minor plaintiff-appellee, a pedestrian, was injured. A complaint in trespass was filed on January 5, 1976, and served on appellant, Stuart Surman. On January 9, 1976, Mr. Surman sent the complaint and an explanatory cover letter to his insurer, the Liberty…