Default Judgment

Defendant appealed the decision of the Westerly Municipal Court sustaining the violation of R.I.G.L 1956 § 31-20-9 (obedience to stop sign) entered in default. Defendant claimed the decision of the trial judge to grant the motion to enter a default judgment was an abuse of discretion because the defendant’s failure to appear was the result of his receiving medical care in his home. The Appeals Panel determined that based on the totality of the circumstances, the eighty-nine-year-old defendant should be afforded an opportunity to be heard. Accordingly, despite the attorney’s failure to seek to have his client’s appearance excused pursuant to Rule 23, the Appeals Panel concluded that the decision of the trial judge was an abuse of discretion and remanded for further proceedings.Town of Westerly v. James Cardile C.A. No. M13-0003.pdf