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Civil Practice: Default Judgment – Good Cause – Lost Documents
Stephanie Maniscalco//October 3, 2012//
Civil Practice: Default Judgment – Good Cause – Lost Documents
Stephanie Maniscalco//October 3, 2012//
Where a default judgment was entered against a corporate employer on the plaintiff’s petition to recover unpaid commissions and other compensation, the trial court did not err in refusing to set aside the default judgment because the sophisticated corporate employer failed to establish good cause when it argued that it lost without a trace two legally significant documents sent by Federal Express more than a month apart.
Judgment is affirmed.
Coble v. NCI Building Systems, Inc. (MLW No. 64232/Case No. WD74845 – 11 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Vernon County, Bickel, J. (Jonathan B. Milbourn and Paula L. Brown, Kansas City, for appellant) (Judy R. Ullmann, Nevada, for respondent).
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