Colonial Penn Insurance v. Tachibana

The Colonial Penn Insurance Company (Colonial) instituted this action as subrogee of Jacob Rosenthal. Colonial sought to recover damages from defendant, Mitsuro Tachibana, on account of property damage resulting to Rosenthal’s automobile in a collision with defendant’s automobile. Defendant was personally served with summons but failed to appear or plead, and Colonial appeals from a judgment entered for defendant after the trial court held that Colonial failed to prove negligence as alleged in the complaint.

Defendant has filed neither an appearance nor a brief as appellee in this case. The…