Melinda Daina Billingsley v. Ford Motor

These consolidated appeals by the defendant, Ford Motor Company (Ford), are before this Court for the second time. 1 In No. 20988, Ford appeals the denial of a motion to set aside a default judgment for Plaintiffs. This default judgment, dated April 30, 1996, re-entered the same default judgment that was entered on April 6, 1995, but apportioned damages among Plaintiffs. The judgment was entered in Plaintiffs' action for wrongful death and injuries arising out of a motor vehicle accident. Ford filed a motion to set aside the judgment in accordance with Rule 74.05(d), 2 asserting that it had a meritorious defense to Plaintiffs' claims and that there was good cause to set aside the judgment. In No. 20988, this Court reverses the order denying the motion to set aside the judgment. The case is remanded and the trial court is directed to set aside the default judgment and allow Ford a reasonable time in which to file an answer.