Cabler v. L. v. Hart, Inc.

Lewis, Justice.

Plaintiff sustained an injury to her neck on December 11, 1966, when the station wagon she was driving was hit by a truck owned by defendant. This action was brought by plaintiff to recover for the injuries received in the collision. Defendant failed to timely answer the complaint and the lower court subsequently refused to permit an answer to be filed, holding that no facts were shown to justify excusing the default; Thereafter the issue of the amount of damages sustained by plaintiff was tried before the trial judge, without a jury, and defendant was permitted, without…