The uninsured defendant brought a motion to set aside a noting in default and transfer two companion subrogated motor vehicle accident claims to the Small Claims Court.
The defendant claimed he was unaware of the claims as they were sent to his former address, and argued the other driver was contributorily negligent.
The court partially granted the motion, setting aside the noting in default solely to allow the defendant to litigate the apportionment of liability, but refused to reopen the issue of damages or transfer the matter to Small Claims Court as the combined damages exceeded the monetary limit.
