Fitzgerald v. Brown

Plaintiff-appellant Fitzgerald brings this appeal from the order of the trial court setting aside a default judgment previously entered against defendant-appellee, Brown.

The sole issue upon appeal is whether the default judgment was properly set aside. We affirm.

On May 21, 1971, Fitzgerald filed a complaint against Donald Brown and Raymond and Ruby Brown, 1 Donald’s parents. The complaint alleged that Donald had negligently collided his vehicle into another vehicle which in turn crashed into the vehicle operated by Fitzgerald causing severe, permanent, and painful injuries. The complaint…