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HARTWELL v. MARQUEZ

No. 24124.

498 S.E.2d 1 (1997)

201 W.Va. 433

Delbert J. HARTWELL, Plaintiff Below, Appellee, v. Diane C. MARQUEZ, Defendant Below, Appellee, Gallant Insurance Company, Appellant.

Supreme Court of Appeals of West Virginia.

Rehearing Denied November 21, 1997.

As Modified November 21, 1997.

Attorney(s) appearing for the Case

Lane O. Austin, Sanders, Austin, Swope & Flanigan, Princeton, for Appellee, Delbert J. Hartwell.

Daniel R. Schuda, Ancil G. Ramey, Steptoe & Johnson, Charleston, for Appellant.

DAVIS, Justice:

Gallant Insurance Company appeals the denial of its Rule 60(b)1 motion to set aside a default judgment and a resulting monetary judgment in the amount of $449,067.55 entered against defendant below Diane Marquez, and in favor of appellee Delbert J. Hartwell, plaintiff below, by the Circuit Court of Mercer County. The underlying personal injury action arose from an automobile accident wherein Hartwell was struck by a vehicle...

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