Upper Plains Contracting Inc. v. Pepsi Americas

ZINTER, Justice.

[¶ 1.] Upper Plains Contracting Inc. (UPCI) filed suit against “Pepsi Americas,” 1 for damage allegedly caused when a Pepsi delivery truck drove over freshly poured concrete at a road construction project. Pepsi Americas failed to timely *325answer the complaint, and UPCI moved for a default judgment. Pepsi Americas retained counsel to appear and resist the motion for default judgment. Pepsi Americas also moved for an extension of time so it could file an answer to the complaint. The circuit court denied Pepsi Americas’ motion to extend the time to answer, and it granted UPCI’s…