Erwin v. Gibson

Birdsong, Presiding Judge.

We granted discretionary appeal to defendant Frankie Lane Erwin in this personal injury case, as to the trial court’s refusal to set aside a default judgment in the amount of $257,000. Appellant timely forwarded to his insurer the complaint which had been served on him. The insurer undertook, but failed, to file a timely answer; the reason offered is that the adjustor engaged in settlement negotiations with plaintiffs’ attorney and was awaiting a return call from plaintiffs’ attorney on an offer of $15,000, but instead plaintiffs took a default judgment. It is not…