In a recent case, a Georgia court of appeals determined a defendant should be able to reopen a default judgment that was entered on behalf of the plaintiff because the plaintiff named the wrong party. The court ultimately held that, due to the plaintiff’s failure to name and serve the proper party at the outset, it was reasonable that the defendant failed to answer the complaint.
According to the court’s opinion, a man fell at a Mexican restaurant in Marietta and died a few days later. A few weeks after the man’s death, his attorney sent a letter to the restaurant; however, it was sent to the wrong address. The letter was still delivered to the restaurant, and someone signed for the letter, but no one responded to the letter.
The man’s wife then filed a claim against the restaurant, again listing the incorrect address on the complaint. The restaurant’s owner was served with a summons and complaint, which named the incorrect restaurant as a defendant. However, the restaurant’s owner, who did own the restaurant at which the man died, was not associated with the restaurant that had been named in the complaint. Accordingly, the restaurant owner’s attorney responded, explaining that he was not associated with the named restaurant. The attorney for the restaurant where the accident occurred did not respond, since that restaurant was not named as a defendant.