Rapid Taxi Co. v. Broughton

Ruffin, Judge.

Rapid Taxi Company appeals the trial court’s denial of its motion to set aside a default judgment. Because the trial court erroneously concluded that Rapid Taxi’s motion was untimely, we reverse and remand.

James Broughton sued Rapid Taxi for injuries sustained in a collision involving a Rapid Taxi cab. Rapid Taxi answered, alleging that it was not liable for the acts of the driver, who was not its employee or agent. When the case came up for trial, Broughton sought a continuance on the ground that his treating physician was not available. After the trial court denied the motion…