Providence Admiralty and General Liability Team Secures Lifting of Default in Worker Injury Case

Providence, R.I. (October 25, 2024) - Providence Managing Partner Lauren Motola-Davis and Associate Nicole Andrescavage recently prevailed on a difficult and hotly-contested motion to set aside default on behalf of their client in a premises liability case involving an employee’s injuries at a shoreside terminal facility.

The defense of the case hinged on the Lewis Brisbois team being able to convince the Court that the previously entered default should be lifted, as the plaintiff’s counsel would not agree to lifting it. In the subject jurisdiction, motions to set aside default are not granted as routinely as in some other jurisdictions. The easy part of the argument was that the plaintiff was barred from filing the action/bringing the claims due to the bar created by the Workers’ Compensation Act’s exclusivity provision (a meritorious defense). The more difficult part, however, was demonstrating (as a threshold matter) the client’s “good cause” for initially failing to answer the complaint. Through detailed conversations with the client and use of several affidavits, an extensive motion package was compiled and filed into the record for the Court’s review.

In the end and after oral arguments on the motion, the judge agreed with the team’s arguments, emphasizing the difference between standards for setting aside default vs. default judgment, the requisite level of explanation to demonstrate “good cause,” and the arguments on a lack of prejudice to the plaintiff if the default was set aside as well as the meritorious defense. Without the default being lifted, the client was facing the plaintiff’s motion for oral proof of claim, wherein the plaintiff alleged mid-six figure damages.