Averitte v. Hutchinson

IRA D. SMITH, Special Commissioner.

Appellant, Joseph Averitte, seeks reversal of an order overruling his motion to set aside an order dismissing his complaint in the Jefferson Circuit Court based upon his refusal to answer certain interrogatories filed.

Appellant contends that he is entitled to relief under CR 60.02. We agree with the appellant that every litigant should have his day in court; but he should abide by the rules. The mere fact that the appellant, Joseph Averitte, sustained bodily injury and property damage in an automobile accident and that his first attorney failed to obtain a…