A hairdresser went to a heavy metal concert featuring a band called “Spiderface.” Spiderface uses fake blood. The hairdresser slipped and fell in the fake blood. She broke her ankle, and was unable to work for months.She retained a personal injury attorney. The attorney wrote to the club owner, who in turn faxed the letter to its insurance company. Neither the club nor its insurance company responded to the letter. The hairdresser sued the club.
The club was served a complaint and a case schedule with a trial date, which it also faxed to its insurance company. The club never answered to the complaint.
The hairdresser moved for a judgment by default. The court entered a judgment of over $433,000.
The insurance company learned of the default judgment and hired an attorney. One day short of a year later, the attorney moved to set aside the default judgment. The trial court granted the motion.
The Court of Appeals reversed. The club presented a prima facie defense, not a conclusive one. The motion to set aside came almost a year after the judgment was entered – and many months after the insurance company became aware of it. There was no mistake or excusable neglect to explain the delay. The club also never answered discovery requests – which would have provided information the hairdresser would have needed to present her case in trial. Having a trial after such a long, unexcused delay would have prejudiced the hairdresser’s ability to present her case.
Slip and fall cases are notoriously difficult cases. The hairdresser was wise to retain an attorney early, who by diligent pursuit of the claim was able to obtain a sizable default judgment.
By personal injury attorney Travis Eller
Akhavuz v. Moody, ____ Wn. App. ____ (Div. 1, No.69234-8-1 December 23, 2013). Available at http://www.courts.wa.gov/opinions/pdf/692348.pdf