Judge to consider opening default in fatal-premises case after defendants say insurer had notice

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, arguing Georgia law favors deciding cases on the merits and citing OCGA § 9-11-55(b) as the procedural vehicle to reopen the default.

The plaintiff's lawyers pushed back, saying the defendants did not follow up promptly after an answer was not filed and arguing the defendants failed to show excusable neglect. Plaintiff counsel Michael Raffey emphasized the potential prejudice to the insurer and the court record; defense counsel said the current posture left the parties and the court to test how Georgia's recent tort-reform changes apply in a case involving a death.

Judge Tammy Long Hayward did not issue an immediate ruling. She said she would review the briefs and evidence and "send [an] order to open default" if she found it warranted. The court noted the issue raised an atypical fact pattern — the defendants claim they gave the complaint to a broker who acknowledged receipt but failed to forward it to the carrier — but said the law favors resolution on the merits unless a particularly egregious circumstance justifies denying relief.

The parties referenced insurer correspondence and affidavits from the broker and defendants in the record; Christie told the court he would circulate a proposed order to plaintiff counsel Alex Brown before submitting it to the court. Hayward said she would consider the full record and the parties' arguments and then issue an order.

If the court reopens the default, the defendants said the carrier (Travelers, per filings) would undertake defense and coverage review; plaintiffs' counsel warned of a possible late-notice coverage dispute that could generate additional litigation costs for the plaintiffs. The judge suggested the new tort-reform procedures may encourage the parties to cooperate in discovery and case management but did not commit to any specific case-management plan at the hearing.

A written order from the court was expected after the judge reviewed the materials and the parties' proposed order.