Siebert Oxidermo, Inc. v. Shields

OPINION ON REHEARING

GARRARD, Judge.

The appellee, Shields, brought suit against Siebert Oxidermo, Inc. (the manufacturer) for personal injuries which allegedly resulted from Shield’s exposure to the fumes given off from a paint manufactured by Siebert Oxidermo, Inc.

Summons was duly served. When the manufacturer failed to appear by the return date Shields moved for and secured a default. Upon Shields’ request the court proceeded to hear evidence on damages and entered final judgment.

A few days later counsel employed by the manufacturer’s insurance carrier discovered that a default judgment had…