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.