While Sedgwick Claims Management Services was busy suing me and complaining on behalf of their client Sears, Sedgwick was also busily dropping the ball on Sears behalf in an entirely different case. The result, Default Judgment against Sears, on behalf of the plaintiff.
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Quoting the Court,
“Here, Hall is a claims adjuster, not an attorney. As such, Smith‟s holding does not apply to the cause before us and thus, under the Rules of Professional Conduct James‟ counsel was not required to notify Hall of his intent to pursue a default judgment. Even if we were to conclude that it would only be courteous for James‟ counsel to contact Hall prior to filing for a default judgment, a failure to do so would not, standing alone, justify the setting aside of the default judgment. It is clear that James‟ counsel‟s lack of notification to Hall of his intent to bring a default action alone is not responsible for the entry of the default judgment. Rather, the origin of the default action is Hall‟s inattention to monitor this cause after the first initial phone call with Cochrane and to let the case linger for seven months. Therefore, we find that the trial court did not abuse its discretion in refusing to set aside the default judgment.
CONCLUSION
Based on the foregoing, we conclude that the trial court properly denied Sears‟ request to set aside the default judgment entered in favor of James.
Affirmed.”
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