 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Black v. Rimmer7/19/2005
In this appeal, appellant argues that the district court abused its discretion by (1) entering default judgments against him, and (2) denying his motion to vacate the default judgments. Because appellant did not submit an answer or file any defensive motions, and because he failed to establish the factors necessary to vacate a judgment, we affirm.
FACTS
On December 2, 2001, a car driven by appellant Phillip Rimmer crossed the center line and collided head-on with a car driven by respondent Jennifer Cemenski. Cemenski was seriously injured in the accident, and her four-year-old daughter, Zoe Kloster, was killed. Angela Black, Cemenski's friend, was also killed in the accident, and Black's five-year-old daughter, Shia Black, sustained serious injuries.
On January 14, 2002, respondents Margaret Black and Gary Cooper, as trustee for the next of kin of Angela Black and as guardian of Shia Black (collectively referred to herein as respondents Black), served Rimmer with a summons and complaint, alleging wrongful-death and personal-injury claims resulting from the accident. Rimmer's insurance carrier denied coverage for the accident.
Respondents Black noticed Rimmer's deposition. When Rimmer appeared pro se on December 27, 2002, he was served with a summons and complaint by respondents Cemenski and Shelly Otto as trustee for Kloster (collectively referred to herein as respondents Cemenski). The Cemenski complaint asserted wrongful-death and personal-injury claims resulting from the December 2001 accident. During the course of the deposition, Rimmer was questioned by attorneys representing both sets of respondents. Rimmer did not file an answer to either of the complaints, nor did he bring a rule 12 or other defensive motion.
Over a year later, in January 2004, respondents Cemenski served Rimmer with notice of a motion for default judgment, and on March 3, 2004, respondents Black served Rimmer with notice of their motion for default judgment. The next day, Rimmer's insurance carrier retained counsel for Rimmer. On March 8, 2004, there was a hearing on respondents' motions for default judgment. This hearing was Rimmer's first appearance before the court. The district court concluded that Rimmer had "defaulted . . . by failing to answer, plead or otherwise defend" and granted respondents' motions for default judgment. After two hearings to determine damages, the district court issued orders granting respondents Cemenski damages totaling approximately $1.5 million and respondents Black damages totaling $3.6 million. The judgments were entered on July 14, 2004.
Rimmer moved to vacate the default judgments. The district court found that Rimmer did not establish the factors necessary to vacate the judgments, and it denied his motion. Rimmer filed two notices of appeal, challenging both the entry of the default judgments and the denial of his motion to vacate the judgments. This court consolidated Rimmer's appeals.
ISSUES
1. Did the district court abuse its discretion by granting respondents' motions for default judgments?
2. Did the district court abuse its discretion by denying appellant's motion to vacate the default judgments?
ANALYSIS
I.
Rimmer first challenges the district court's decision to grant respondents' motions for default judgments. The decision to grant or deny a motion for a default judgment lies within the discretion of the district court, and this court will not reverse absent an abuse of that discretion. Coller v. Guardian Angels Roman Catholic Church, 294 N.W.2d 712, 715 (Minn. 1980).
Respondents filed motions for default
Page 1 2 3 4 5 6 Minnesota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|