McPherson v. Tube City Taxicab Co.

CIRILLO, Judge:

The appellant contends that the lower court erred in refusing to open a default judgment. We disagree and thus affirm the trial court.

This action was commenced on November 18, 1977 against the appellant in assumpsit and trespass for the wrongful death of Thomas E. McPherson. A complaint was filed on January 17, 1978. On February 21, 1978 counsel for appellant, James David Elder, requested and was granted by the appellees, additional time to file a responsive pleading.1 Counsel for the appellees, Anton Bigman, alleges that he subsequently made a number of telephone calls to…