Shelton v. Diamond International Corp.

BAKES, Justice.

This is an appeal from an order granting relief from a default judgment on the basis of inadvertence and excusable neglect under I.R.C.P. 60(b)(1). We affirm.

Harold Shelton was killed on August 20, 1980, when the car he was driving went off a road and down a steep embankment. On August 19, 1982, one day before the statute of limitations was to expire, Shelton’s heirs filed a complaint alleging that the road was within the control of and negligently maintained by defendant Diamond International Corporation (“Diamond”). The defendant Diamond is a Delaware corporation with its…