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Company wrongly sued has $210K judgment against it vacated

OMAHA, Neb. (AP) — The Nebraska Supreme Court has reversed a more than $200,000 default judgment against a Virginia company that was the victim of mistaken identity.

The ruling comes in a lawsuit by Benjamin Carrel against federal contractor Serco Inc. after a man driving a pickup registered to a Texas company with a similar name ran over Carrel’s foot.

When the Virginia company failed to respond to court summons or appear in court, a default judgment of $210,216 was entered.

Serco attorneys said they only became aware of the case after garnishment proceedings began. The company sought to vacate the judgment, and proved that it had never employed the driver or owned the truck that ran over Carrel’s foot.

The high court said Friday that allowing the judgment to stand would be unjust.

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