Reid v. Boohar

OPINION BY KELLY, J.:

¶ 1 Appellant, Michael Scott Boohar, asks us to determine whether the trial court erred in refusing to open the default judgment entered by Appellee, Donnie Reid. We hold that Appellant, a layperson, established a legitimate excuse for not filing a timely response to Appellee’s complaint where he entrusted his claim to his insurance carrier and reasonably relied on its representation, and the insurer mistakenly failed to file a timely answer. Accordingly, we reverse the trial court’s order and remand to the trial court to open the default judgment and allow Appellant to…