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Freese II Inc. v. Mitchell

The Court affirmed the $1.75M jury award to a mother, as the executor of her daughter's estate, in her wrongful death action against a nightclub that over-served alcohol to a patron who killed the daughter.

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Freese II, Inc., d/b/a Blazing Saddles and a/k/a Club Blaze, collectively “Freese” failed to file a timely answer to the complaint in this wrongful death action brought by Lisa Mitchell as the executor of her daughter Fatima Bird and conservator of her two grandchildren “Mitchell”. The trial court denied Freese’s motion to open default and entered judgment as to liability. A jury trial on the issue of damages resulted in a verdict in favor of Mitchell and against Freese in the amount of $1,750,000.

Freese appeals from the judgment on the jury verdict, asserting that the trial court abused its discretion in refusing to open default and that it erred in entering judgment as to liability, denying its motion to compel, excluding the issue of apportionment from the jury, failing to charge on proximate cause, and imposing sanctions on Freese’s counsel. Finding no error in any respect, we affirm.

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