Jones v. Interstate Recovery Service

Opinion

RICKLES, J.

This case involves the appeal of a trial court’s order setting aside a default judgment entered against defendants. The underlying facts involve the repossession of plaintiffs’ automobile. Plaintiffs filed their initial complaint for trespass, assault, conversion and infliction of emotional distress against the Bank of America. Codefendant, Interstate Recovery Service, was subsequently served as Doe I. While in the process of apparently wrongfully repossessing plaintiffs’ automobile, employees of defendant Interstate Recovery Service were surprised by plaintiffs. Plaintiff Acqueanetta Jones, pregnant at the time, was apparently thrown up against the wall of the garage. Plaintiffs’ children were also present when this incident occurred and it is alleged they have suffered emotional injury as a result.

Personal service was effected on defendant Interstate Recovery Service on January 26, 1983. Concerning the first cause of action, trespass, the complaint specifically requested general damages in the sum of $5,000 and punitive damages in the sum of $250,000; concerning the second cause of action, assault, plaintiffs specifically requested $25,000 in general damages and $250,000 for punitive damages; plaintiffs’ third cause of action apparently deals with the intentional infliction of emotional distress on their minor children. They requested general damages in the sum of $25,000 and punitive damages in the sum of $100,000. The fourth cause of action deals with a combination of assault and intentional infliction of emotional distress on plaintiffs’ children. Plaintiffs therein requested $50,000 for general damages and $50,000 for punitive damages. And plaintiffs’ fifth cause of action involves wrongful repossession and the intentional infliction of emotional distress on plaintiffs and their children; she has requested $10,000 for general damages and punitive damages in the sum of $10,000 per child. Each of these money requests appear in the complaint that was served on Interstate Recovery Service as Doe I. By April 7,1983, plaintiffs had not received a response from Interstate Recovery Service. As a result, plaintiffs filed a request to enter default judgment. That request did not mention any amount of damages. After hearing, the trial court awarded default judgment in favor of plaintiff. The court awarded $5,000 on the first cause of action, $25,000 on the second cause of action, $15,000 as to the third cause of action, $25,000 on the fourth cause of action, and $10,000 on the fifth cause of action. In addition, the court awarded a total of $40,000 in punitive damages. As a result, Interstate Recovery Service was held liable for a total amount of $120,000. Judgment was accordingly entered. On June 24, 1983,