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 Transfer from the Indiana Court of Appeals,

No. 16A01-1706-CT-1355

Per Curiam Opinion

All Justices concur.
Indiana Supreme Court | Case 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 Wamsley 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 file

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 counsel and filed motions to set aside the default judgment 

entered against them on grounds of excusable neglect. See Ind. Trial Rules 

55(C), 60(B)(1). The trial court granted Landlords’ motions following a 

hearing and later denied Wamsley’s motion to correct error. Wamsley 

appealed, and the Court of Appeals reversed.1 We now grant transfer and 

affirm the trial court. 

An appellate court reviews a trial court’s decision to set aside a default 

judgment for abuse of discretion, resolving any doubt as to the propriety 

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 Bank & 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 Supreme Court | Case 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 correct 

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 ES 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