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Trial Court's default against Defendant who failed to participate in mediation is over-turned

Sheri Framalino sued James Jensen, a bouncer at the Village Pub in Pentwater, after he injured her ankle while escorting a patron out of the bar.  The bar's insurer withdrew from representing Jensen, and he failed to appear for Mediation.  The trial judge entered a default, and then entered a judgment for $45,000.00.  Jensen appealed and the Court of Appeals ruled that the entry of a default judgment was unduly harsh.  It also held that despite the default, Jensen was entitled to a jury verdict with regard to the amount of damage suffered by Framalino.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262