Uva

Minor plaintiff (Lisa) and her father filed a complaint for damages arising from injuries sustained by Lisa as a result of her being bitten by a dog allegedly owned by defendant on May 22, 1975. The complaint was filed May 19, 1976, and, in the prayer, requested $30,000 general damages. A copy of the complaint and summons were personally served upon defendant on August 25, 1976. Defendant believed that the complaint was “totally disassociated with anything which I had been aware of. ...” Believing that there had been “some mistake” he returned the complaint to plaintiff Thomas Uva.

On November 5, 1976, plaintiffs filed a “Request to Enter Default” in which they stated that damages requested were $30,000 and costs were $61. A copy of this document was served by mail upon defendant. Defendant later claimed that he never received a copy of the “Request to Enter Default.”

On December 30, 1976, plaintiffs filed a written request that the court enter judgment. This document recited the same damages and costs as the “Request to Enter Default” and was, again, served by mail upon defendant. Defendant admitted that he had received a copy of the request to enter judgment.

The…