Arnwine Obtains Favorable Ruling on Appeal

The Alabama Supreme Court has overturned a $550,000.00 default judgment after finding that the trial court exceeded its discretion in denying a motion to set aside a default judgment.  The case concerns a 2012 accident that occurred while a logging truck was backing into a residential driveway.  A complaint filed after the accident went unanswered due to an oversight by the insurance carrier.  Once the oversight was discovered, an answer was filed along with a motion to set aside the default judgment.  The trial court never ruled on the motion; thus, it was denied “by operation of law” (i.e., the motion was denied automatically as soon as 90 days had passed from the date it was filed).  In his filings with the trial court, Rob established that the defendant had valid defenses to the claims and that the failure to answer was simply a mistake.  On appeal, the Alabama Supreme Court relied on these filings in finding that the default judgment should have been set aside so that the case could be properly litigated.  Hilyer v. Fortier, No. 1140991 (January 6, 2017 Ala.).  Of note, this was actually the second time the case was before the Supreme Court.  In 2015, the Supreme Court ruled that a trial court cannot allow a properly-supported motion to set aside a default judgment to be denied by operation of law.  Hilyer v. Fortier, 176 So. 3d 809 (Ala. 2015).  Please contact Rob if you would like to discuss the Hilyer opinions or the procedure for setting aside default judgments in general.

News

Zwilling to Present Webinar on Ethical Duties When Resolving Claims Including Navigating Potential Conflicts

Course Description In today’s current litigation environment, most claims are appropriate for consideration of a potential settlement at some point.  This program will walk through the stages of litigation and how they will progress absent resolution.  The potential risks of nuclear verdicts will also be discussed.  The program will also […]

Swanson Obtains Summary Judgment

Stephen A. Swanson of our Chattanooga (TN) office secured summary judgment for a client in DeKalb County (GA). This was a premises liability case in which the plaintiff claimed she tripped and fell on overgrown kudzu in a movie theater parking lot. The court agreed with Stephen’s arguments on two […]

Thornton Elected to the USLAW Board of Directors

Carr Allison congratulates shareholder Thomas S. Thornton, III, of our Birmingham (AL) office on being elected to the 2026-27 USLAW Board of Directors, where he will be serving as Vice Chair.


US Law Network Inc EC Defense Network Professional Liability Attorney Network