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Judge to consider opening default in fatal-premises case after defendants say insurer had notice
Summary
Defendants in a wrongful-death premises suit asked Clayton County State Court to set aside a default judgment entered in March 2024, saying they timely gave the complaint to their insurance broker and were entitled to defend the case; the court said it will issue an order after reviewing arguments.
Defendants in a wrongful-death premises-liability suit asked Judge Tammy Long Hayward on June 4 to set aside a default judgment entered in March 2024, saying they promptly forwarded the complaint to their insurance broker and therefore should be allowed to defend the case.
John Christie, attorney for Hale Retail Group LLC and Jallis Inc., told the court that the summons and complaint were sent to the defendants' insurance broker the day after service and that the broker assured the defendants it would forward the material to the carrier. "Default judgment is a drastic sanction that should be invoked only in extreme situations," Christie said,…
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