Court throws out default judgment in favor of injured police officer

Robert Wells sued Club 007 after he sustained injuries while responding to a reported break-in at the Club.  The trial court entered a default judgment in February 2012, but later set it aside while preserving the default and precluding the Club from mounting a full defense.  The default was a sanction for failing to appear at a settlement conference.

The higher court overturned the default and sent the case back to the lower court, deeming the default an abuse of the judge's discretion because he didn't adequately consider other potential sanctions less harsh than a complete default.