Ginn v. Smurfit Stone Container Enters., Inc.

In 2008, Allen Ginn was injured while delivering a truck load of logs to a mill owned by Smurfit Stone Container Enterprises, Inc. In 2009, Smurfit filed voluntary petitions for bankruptcy relief under Chapter 11. In 2011, Ginn and his wife (the Ginns) and Smurfit stipulated an agreement in which Smurfit agreed not to enforce the claim bar date set by the bankruptcy court. The Ginns subsequently served Smurfit with a complaint, summons, and related document. When the Ginns received no reply or acknowledgement of service, they requested entry of default from the district court. The district court entered default against Smurfit. Smurfit filed a motion to vacate the entry of default. The court concluded that the default would stand with regard to Smurfit’s liability but that a jury would be allowed to consider the issues of causation and damages. Thereafter, a jury awarded Allen Ginn $3,470,899 in damages plus an additional $500,000 to his wife. The Supreme Court affirmed, holding that the district court did not abuse its discretion, even slightly, in denying Smurfit’s motion to vacate the entry of default, as good cause did not exist to vacate the entry of default. View "Ginn v. Smurfit Stone Container Enters., Inc." on Justia Law