Cedric Crutcher v. Johnny B. Ellis, Et Al.

This appeal concerns the denial of a motion to set aside default judgment and the award of
damages in a premises liability action. After sustaining injuries from a shooting in a
Nashville nightclub, Cedric Crutcher (“Plaintiff”), filed a premises liability action against
various co-defendants, including the owner and operator of the nightclub, Paul Eichel
(“Defendant”), and the owners of the building where the nightclub was located (“the
Ellises”). The Ellises filed an answer to Plaintiff’s complaint and a cross-claim against
Defendant. When Defendant failed to respond to Plaintiff’s complaint, Plaintiff filed a
motion for default judgment, which the trial court granted. When Defendant failed to
respond to the Ellises cross-claim, the Ellises also filed a motion for default judgment,
which the court granted. Thereafter, the only remaining issues were the amount of damages
that the Ellises and Plaintiff were entitled to recover from Defendant. Following a hearing
on damages, the court awarded Plaintiff $300,000 against Defendant for his pain and
suffering, and awarded the Ellises $31,745.76 against Defendant for the attorney’s fees
they incurred in defending the action as authorized under their lease agreement. Defendant
filed a motion to set aside the default judgment pertaining to Plaintiff’s premises liability
claim, which the court denied. Defendant then filed a motion to alter or amend the judgment
relating to Plaintiff’s damages, which the court granted. Following a second evidentiary
hearing on Plaintiff’s damages, the court awarded Plaintiff a judgment against Defendant
in the amount of $15,014.19 for medical expenses and $300,000 in noneconomic damages.
Defendant appeals the trial court’s denial of his motion to set aside default judgment in
favor of Plaintiff, as well as the award of damages to Plaintiff. Finding no error, we affirm.