Braden v. Saint Francis Hospital

PIERCE, Judge.

Plaintiffs, John W. and Margaret A. Bra-den (Bradens), appeal from a judgment granted in favor of St. Francis Hospital (hospital). We affirm.

The Bradens filed their complaint alleging negligence by the hospital. After the hospital’s failure to answer, a default judgment against the hospital was entered. Subsequently, under C.R.C.P. 60(b), the trial court found that the failure of the hospital to answer timely the Bradens’ complaint was the result of mistake, inadvertence, or excusable neglect, and it therefore set aside the default judgment. In addition to filing an answer, the…