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Porter v. Tissenbaum

The trial court conditionally granted defendants' motion to set aside the default judgment against them by exercising its authority under O.C.G.A. § 51-12-12 b to reduce the jury's award.

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Plaintiff Marc Tissenbaum sued New York residents Darwin Porter and Danforth Prince in the Superior Court of Wilkes County, Georgia, seeking damages for intentional infliction of emotional distress, invasion of privacy, assault, battery, and trespass arising out of alleged sexual harassment of Tissenbaum at defendants’ place of business in Washington, Georgia. Proceeding pro se, defendants answered and denied the material allegations. They also timely responded to requests for admissions sent to the return address given with the answer, and propounded their own discovery.

On September 29, 1999, the case appeared as #10 on a published trial calendar for November 1, 1999. At the sound of the case, plaintiff announced ready but defendants did not appear. The court noted that it had received a telefacsimile communication from New York that morning, in which defendant Porter stated: “Having learned there was a civil case pending against me and Mr. Prince only at 11:05 p.m. Sunday, October 31st, I cannot appear in court today.” Porter claimed he had received no official notice of trial in the mail and requested a postponement. In response to direct inquiry by the trial court, the clerk affirmed that, on September 29th, she sent a copy of the trial calendar to defendants Prince and Porter at the address of record as provided by defendants, and that the notice had not been returned as undeliverable.

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