Truss v. Chappell

MURDOCK, Justice.

Rodney D. Truss, the defendant below, appeals from the denial of his motion, made pursuant to Rule 60(b)(4), Ala. R. Civ. P., to set aside a default judgment in favor of the plaintiff, Sandra N. Chappell. Truss contends that the default judgment *1111was void because, he says, Chappell did not properly serve him with process. We agree, and we reverse and remand.

In September 2001, Chappell’s automobile was struck by a truck owned by Old Dominion Freight Line, Inc. (“Old Dominion”), and driven by John Clark. Chappell alleged that the collision occurred when she was forced to stop…