I N T H E



# Indiana Supreme Court

Supreme Court Case No. 18S

- CT

- 502


## Cember Wamsley, as Personal Representative of the

Estate of Genia Wamsley, Appellant (Plaintiff)



### – v

–


## Tree City Village, New Generation Management, Inc.,

and Matthew Joseph

, Appellees (Defendants)

Argued: September 20, 2018 | Decided: October 11, 2018

Appeal from the Decatur Superior Court, No. 16D01

- 1609

- CT

- 410

The Honorable Matthew D. Bailey, Judge

On Petition to Tran sfer from the Indiana Court of Appeals,

No. 16A01

- 1706

- CT

- 1355

Per Curiam Opinion
All Justices concur.Indiana Suprem e Court | Ca se No. 18S

- CT

- 502 | October 11, 2018 Page 2 of 3



### Per curiam.

Matthew Joseph accidentally discharged a firearm while cleaning it

. The bullet passed through the wall of his apartment unit and struck Genia Wamsley, the occupant of the adjacent unit. Wamsley retained counsel, who communicated for several months with the insurer of the apartment complex and its management company (collectively “Landlords”). The insurer denied the claim, and W amsley filed suit against Landlords and Joseph. The president of the management company wrote Wamsley’s counsel, acknowledging receipt of the complaint and pointing out a factual error therein. The president then placed the complaint in a fil e cabinet and did nothing further. Neither Landlords nor Wamsley’s
counsel notified Landlords’ insurer of the complaint.

None of the defendants timely answered the complaint, and Wamsley moved for and was granted an entry of default judgment. Landlords later
retained co unsel and filed motions to set aside the default judgment entered against them on grounds of excusable neglect. See Ind. Trial Rule s 55(C), 60(B)(1). The trial court granted Landlords’ motion s following a hearing and later denied Wamsley’s motion to correc t error. Wamsley appealed, and the Court of Appeals reversed. 1 We now grant transfer and
affirm the trial court.

An appellate court review s a trial court’s decision to set aside a default judgment for abuse of discretion, resolving any doubt as to the pr opriety of default judgment in favor of the defaulted party. Coslett v. Weddle Bros. Constr. Co., Inc. , 798 N.E.2d 859, 861 (Ind. 2003). The controlling question is whether there exists “even slight evidence of excusable neglect.” Id. (quoting Security Ban k & Trust Co. v. Citizens Nat’l Bank of Linton , 533 N.E.2d 1245, 1247 (Ind. Ct. App. 1989)).

Our deferential standard of review compels us to affirm the trial court

. There exists evidence of excusable neglect in this case

– although that

1 Joseph did not seek relief from the entry of default judgment against him and has not participated in this appeal. Following a damages hearing the trial court entered judgment against Joseph in the amount of $6,800,000. (Appellant’s App. Vol. 2 at 8; Appellant’s Br. at 7.)Indiana Suprem e Court | Ca se No. 18S

- CT

- 502 | October 11, 2018 Page 3 of 3

evidence is indeed exceedingly slight

– and Landlords have made the requisite showing under Trial Rule 60(B)(1) of a meritorious defense.

Accordingly, we affirm the trial court’s orders setting aside the default judgment against Landlords and denying Wamsley’s motion to cor rect error, and we remand this case to the trial court for further proceedings consistent with this opinion.



### All Justices concur.

A T T O R N E Y F O R A P P E L L A N T
Thomas A. Vick

Law Office of Thomas A. Vick Greenwood, Indiana

A T T O R N E Y S F O R A P P E L L E E S T R E E C I T Y V I L L A G E

A N D N E W G E N E R A T I O N M A N A G E M E N T , I N C . Lonnie D. Johnson Belinda R. Johnson

- Hurtado Cheyenne N. Riker Clendening Johnson & Bohrer, P.C. Bloomington, Indiana