The complaint charges appellant Build On Top with negligence in the hiring and supervision of its employee, Jacinto Fermaintt, who is alleged to have assaulted and injured plaintiff. Although named as a defendant, Mr. Fermaintt has never appeared in this action. A motion to enter a default judgment was granted by order dated October 18, 1995, with entry of judgment "held in abeyance until the time of trial of codefendant" (appellant herein).
The depositions of plaintiff...
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