Universal Underwriters Insurance Co. v. Ferguson

I respectfully dissent.

It is undisputed that this suit by plaintiff, Walter Stedman as next friend of the injured Herbert Stedman, against Universal Underwriters Insurance Company for $228,-720.30 was listed along with fifty-five other cases on the blanket dismissal order of October 26, 1970, without any notice to plaintiff’s attorney or any opportunity for him to be heard. The notice intended by the clerk for plaintiff’s attorney was by mistake mailed to the attorney for the defendant insurance company. Because of this, plaintiff’s attorney had no notice that the case was listed on the…