The S.C. Supreme Court has upheld the rejection of a company’s effort to set aside a judgment because the company failed to present what the court called “a meritorious defense” when it intervened in a case in 2005.
The company, New Prime, Inc., intervened in a lawsuit brought by Ann and Steve McClurg against New Prime employee Harrell Wayne Deaton. Deaton was driving New Prime’s truck when he allegedly caused an accident in 2002 that injured Ann McClurg. Deaton never responded to the McClurgs’ lawsuit. Faced with possibly having to pay an $800,000 default judgment the McClurgs won in the suit, New Prime moved to set aside the judgment.
The company argued that it was never informed of the lawsuit by the McClurgs’ lawyer, Don Moorhead (pictured) of Greenville, and didn’t find out about it until after the judgment had been entered against Deaton. Greenville County Circuit Court Judge Edward W. Miller allowed New Prime to intervene in the case, but he denied New Prime’s motion to set aside the default judgment because it failed to raise a meritorious defense.
Tagged with: Default Judgment
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