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Schaub v. Wilson12/21/1998
The major issue to be resolved in this case addresses the scope of the hearing on damages conducted by the trial court pursuant to W.R.C.P. 55(b)(2) in a personal injury action after the entry of default pursuant to W.R.C.P. 55(a). Collateral issues are raised concerning the burden of proof of pre-existing conditions and the validity of the findings of fact made by the trial court. After conducting the hearing on damages, the trial court ruled that Karen L. Schaub (Schaub) had failed to establish that her claimed damages were caused by the automobile collision, which was the subject of her action against Michael A. Wilson (Wilson), and the trial court denied any recovery to Schaub. The trial court also assessed costs against Schaub, and that ruling is the subject of a consolidated appeal. We hold that no error occurred in the determination of the trial court that the injuries for which damages were sought were not caused by the collision that led to the filing of this case, and that the trial court did not abuse its discretion in awarding costs to Wilson. The Judgment and Order in favor of Wilson and the Judgment that awarded the costs to Wilson are affirmed.
In the primary appeal, Case No. 96-159, the following issues are set forth in the Appellant's Brief, filed on behalf of Schaub:
1. Does the Court's holding in McGarvin-Moberly apply to default cases against single defendants?
2. To what extent does an entry of default under Rule 55(a) determine the issue of causation?
3. Did the trial Court misapply the burden of proof on pre-existing conditions?
4. Were the District Court's findings of fact clearly erroneous?
In the Brief of Appellee in that case, the issues are stated in this way:
1. Was the Trial Court correct in determining that the issue before it was to determine the damage, if any, suffered by Mrs. Schaub as a result of the accident involving Mr. Wilson.
2. Was the Trial Court correct in determining that Mrs. Schaub had the burden to prove the damages [were] proximately caused as a result of the accident involving Mr. Wilson.
3. Was the Trial Court's factual finding that Mrs. Schaub had not met her burden of proof clearly erroneous.
In the consolidated case, Case No. 96-268, the issue stated in the Appellant's Brief, filed on behalf of Schaub is:
1. Did the Trial Court err in awarding costs in favor of a defaulted defendant? In the Brief of Appellee, filed on behalf of Wilson in that case, the issue is restated as:
Did the Trial Court abuse its discretion in awarding costs for the Defendant Michael Wilson?
On February 24, 1995, Schaub filed a Complaint alleging negligence on the part of Wilson in driving a motor vehicle so that it struck Schaub's vehicle from the rear. Schaub alleged as damages injuries to her neck and property damage to her vehicle. She sought to recover compensation for her injuries, medical bills, repairs to her vehicle, and costs. Service was perfected upon Wilson on February 26, 1995, and there followed negotiations of settlement between Schaub and Wilson's insurance carrier. Ultimately, counsel for Schaub wrote to the insurance company representative stating, "If I have not heard from you by May 5, 1995, I will proceed on the assumption that you are not going to respond." When no answer or other responsive pleading had been filed by May 8, 1995, Schaub sought and secured an entry of default pursuant to W.R.C.P. 55(a).
The next day, an Answer was filed by Wilson, and on May 18, 1995, Wilson presented a Motion to Set Aside Default Judgment. In the decision letter with res
Page 1 2 3 4 5 6 7 8 9 Wyoming Personal Injury Attorneys
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