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CHARLES v. PRECISION TUNE, INC.

Record No. 910571.

414 S.E.2d 831 (1992)

Mary E. CHARLES v. PRECISION TUNE, INC.

Supreme Court of Virginia.

February 28, 1992.

Attorney(s) appearing for the Case

Malcolm B. Higgins, II (William R. Wahab, on briefs), for appellant.

Lance A. Jackson (Breeden, MacMillan & Green, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, WHITING, LACY and HASSELL, JJ., and POFF, Senior Justice.

HASSELL, Justice.

In this appeal, we consider the application of Code § 8.01-428(C) which permits a party to file an independent action to set aside a default judgment.

In March 1990, Mary E. Charles filed a motion for judgment against Precision Tune, Inc. She alleged that she had incurred personal injuries and property damage as a result of Precision Tune's negligence and breach of warranties related to work performed on her car.

The motion for...

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