Christy v. Carlisle

OPINION

By the Court,

Thompson, J.:

This appeal is from an order of the district court setting aside a default judgment in an action to recover damages arising out of a four-car automobile accident. Suit was commenced shortly before the two-year limitation period expired and named Theresa Carlisle as defendant along with fictitiously named defendants.

The insurance carrier for Carlisle was promptly notified by plaintiff’s counsel of the lawsuit and was advised by letter that it had an indefinite extension of time to answer “subject to my advising you that we have served Ms. Carlisle.” Subsequent…