Callahan Construction, Inc. v. Hardy Plumbing & Heating Corp.

By Judge Robert P. Doherty, Jr.

Plaintiff obtained a default judgment in a negligence case 27 days after Defendant’s response was due. In fact, Defendant had filed a grounds of defense 18 days late, but that responsive pleading had not been placed in the file, and Defendant’s counsel was not notified of the default judgment until after it had been entered. Accordingly, the default judgment was vacated without objection because of the lack of notice. Defendant’s liability insurance carrier now argues, in an independent action, that the Court should allow Defendant’s responsive pleading to be…