McGARVIN-MOBERLY CONST. CO. v. WELDEN

Nos. 93-238, 93-242.

897 P.2d 1310 (1995)

McGARVIN-MOBERLY CONSTRUCTION CO., a Wyoming corporation, Petitioner, v. Billy J. WELDEN and Josephine R. Welden, Respondents. Billy J. WELDEN and Josephine R. Welden, Petitioners, v. Dan A. HUNTER, Personal Representative of the Estate of Bertha Pauline Hunter, deceased; and McGarvin-Moberly Construction Co., a Wyoming corporation, Respondents.

Supreme Court of Wyoming.

June 29, 1995.


Attorney(s) appearing for the Case

Patrick J. Murphy of Williams, Porter, Day & Neville, P.C., Casper, and Thomas E. Hames of Cook, Kotel & Fitch, Denver, CO, for McGarvin-Moberly Const. Co.

Terry W. Mackey, Cheyenne, and C. Bradley Smith and Steve Simonton of Simonton & Simonton, Cody, for Billy J. Welden and Josephine R. Welden.

Harold E. Meier of Lonabaugh & Riggs, Sheridan, for Dan A. Hunter.

Before GOLDEN, C.J., and THOMAS, CARDINE, MACY, and TAYLOR, JJ.


THOMAS, Justice.

Our sole concern in this case is the degree of participation in discovery and trial proceedings that should be afforded to a defendant in a personal injury case founded on negligence when default, but no judgment by default, has been entered against that defendant. After default was entered by the clerk of the trial court, the judge permitted the defendant in default to participate fully in the proceedings as they related to the damage issue. The...

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