Case Caption: Susan Spencer, (Appellant/Defendant) vs. Carmen Navarro, (Appellee/Plaintiff.)Case Number: S.CT.Civ. No. 2007/069Date: 06/27/2008Author: Per CuriamCitation: Summary:

In the underlying action, Carmen Navarro ("Navarro") sued Susan Spencer ("Spencer") in the Small Claims Division of the Superior Court for damages to her vehicle as the result of a hit-and-run traffic accident on December 31, 2006. Spencer filed an answer to the complaint denying the allegations, but failed to appear at the scheduled March 20, 2007 trial. Consequently, the Superior Court entered judgment by default against her.1 On March 23, 2007, Spencer filed a motion to reconsider, and the court scheduled a hearing on the motion for April 24, 2007. At the hearing, the court heard testimony from both parties and two witnesses, and denied Spencer's motion for reconsideration. The court entered a written order denying the motion for reconsideration on May 11, 2007. On the same day, Spencer filed a motion for relief from judgment or, alternatively, for a new trial, which the court denied by order entered on May 23, 2007. Spencer timely filed the instant appeal on May 29, 2007, arguing that the trial court overlooked evidence and violated the collateral source rule. For the reasons which follow, we remand this matter to the Superior Court to make findings of fact.

Attachment: Open Document or Opinion