Leahy v. Ryan

HATHAWAY, Chief Judge.

This is an appeal brought by Dennis Earl Leahy and his insurance carrier, Stonewall Insurance Company, from a superior court order denying their motion to set aside and vacate a default judgment.

The suit arises from an automobile-motorcycle accident which occurred on March 26, 1971, in Sierra Vista, Arizona. Defendant Leahy, a member of the armed forces at that time, drove into Sierra Vista with the intention of stopping at Sambo’s Restaurant. Leahy proceeded west on a main street at approximately 45 m. p. h. and, on approaching the restaurant, reduced his speed to 10 m.…