Williams v. City of Atlanta

The city's inaction in mailing the plaintiff's negligence complaint to its insurer, but doing nothing to ensure that the insurer received it, did not constitute excusable neglect, which would authorize opening the default judgment entered against the city.

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Annette Williams brought a negligence action against the City of Atlanta, alleging that she was injured when she slipped and fell at the Atlanta airport. The City was served with the complaint, but did not file a timely answer. After a default judgment was entered, the trial court granted the City’s motion to set aside the judgment and open the default. The trial court subsequently signed a certificate of immediate review, and we granted Williams’ application for interlocutory appeal. Because we find the City did not establish excusable neglect, we reverse. The relevant facts are not in dispute. Williams filed her lawsuit against the City on March 14, 2005. The City was served on March 24, 2005. The City’s law department received the complaint and mailed it to its insurer. The insurer has no record of receiving the complaint and thus did not file an answer.1 On May 23, 2005, Williams filed a motion for default judgment, which the trial court granted on June 1, 2005. On June 27, 2005, the City moved to set aside the judgment and open the default, claiming that its failure to file an answer was due to excusable neglect. The trial court granted the City’s motion.

A default may be opened by the trial court “for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened.”2 Before a default may be opened on one of these grounds, however, the defaulting defendant must: 1 make a showing under oath; 2 offer to plead instanter; 3 announce ready to proceed with trial; and 4 set up a meritorious defense.3 On appeal, we review the trial court’s decision to open a default for abuse of discretion.4

Williams v. City of Atlanta

The city's inaction in mailing the plaintiff's negligence complaint to its insurer, but doing nothing to ensure that the insurer received it, did not constitute excusable neglect, which would authorize opening the default judgment entered against the city.

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