Kearns v. Ayer

McDonald, Judge:

The appellant, Edward S. Kearns has appealed from the judgment of the Daviess Circuit Court which refused to set aside a default judgment in favor of the appellee, Noble Ayer. On July 3, 1983, while flying his plane over western Kentucky, Mr. Kearns, a resident of Arizona, had the misfortune of being forced to make an emergency landing in a cornfield in Daviess County. An adjuster for his insurer arranged for Mr. Ayer, who was doing business in Owensboro as Ayer Plying Service, to recover the airplane and make certain repairs. Ayer eventually sent a bill to Kearns for the…