LEVITT v. KACY MFG. CO.

Docket No. 76944.

142 Mich. App. 603 (1985)

370 N.W.2d 4

LEVITT v. KACY MANUFACTURING COMPANY

Michigan Court of Appeals.

Decided January 31, 1985.


Attorney(s) appearing for the Case

Joseph D. Zeleznik and Bruce T. Leitman, for plaintiffs.

Vandeveer, Garzia, Tonkin, Kerr, Heaphy, Moore, Sills & Poling, P.C. (by Thomas M. Peters), for defendant.

Before: WAHLS, P.J., and R.M. MAHER and R.E. NOBLE, JJ.


PER CURIAM.

In this product liability suit, default judgment was entered in favor of plaintiffs, in the amount of $114,300 for Lewis Levitt and $15,000 for Roberta Levitt. Defendant appeals as of right both from the order denying its motion to set aside the default and from the default judgment. We believe the circuit judge abused her discretion in failing to set aside the default. Accordingly, we set aside the default and default judgment and remand for trial.

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