Woodruff Brokerage Company, Inc.
v.
Patricia Beatty
Appeal
from Chambers Circuit Court (CV-18-900043)
WISE,
Justice.
Woodruff
Brokerage Company, Inc., the remaining defendant below,
appeals from the trial court's denial of its motion to
set aside the default judgment entered in favor of Patricia
Beatty, the plaintiff below. We reverse and remand.
Procedural
History
On
April 23, 2018, Beatty sued "Woodruff Brokerage Company
d/b/a The River and formerly d/b/a Crest Club
Apartments," Ricky Dabbs, "Century 21," and
fictitiously named defendants.[1] In her complaint, Beatty alleged
that she had lived in Crest Club Apartments; that Woodruff
Brokerage owned and operated Crest Club Apartments; that, on
or about May 1, 2016, she had symptoms of fatigue, nausea,
and weakness from prolonged exposure to carbon monoxide from
a leaking natural-gas line beneath her bedroom; and that she
had been permanently injured as a result of that exposure.
Beatty asserted that Woodruff Brokerage had negligently
and/or wantonly failed to maintain the premises at Crest Club
Apartments in a safe condition. She also asserted that, in
December 2016, she began to experience additional symptoms of
fatigue, nausea, and weakness; that she "was permanently
injured by continuous carbon monoxide exposure when the hot
water heater in her apartment burst, causing her grave
injuries"; and that Woodruff Brokerage had negligently
and/or wantonly maintained and/or failed to maintain the
premises at Crest Club Apartments. Beatty further alleged in
the complaint that Woodruff Brokerage had failed to
adequately warn her of the defective condition. She also
asserted a claim of negligence per se. Beatty requested that
the circuit clerk serve the defendants by certified mail. The
complaint included the following address for Woodruff
Brokerage:
"Woodruff Brokerage Company
c/o Genevieve Green
1800 Lakewood Drive
Phenix City, AL 36867"
However,
the return receipt for the certified mail was addressed to:
"Woodruff Brokerage Co.
1800 Lakewood Drive
Phenix City, AL 36867"
Ryan
Miles signed the certified-mail return receipt on April 27,
2018. The agent box was not checked.
On May
30, 2018, Beatty filed a motion for a default judgment
against Woodruff Brokerage. Beatty asserted that Woodruff
Brokerage had been served with a copy of the complaint and
summons on April 27, 2018, and that it had failed to plead,
answer, appear, or otherwise defend against her action.
Beatty asked the trial court to enter a default judgment
against Woodruff Brokerage with leave to prove damages. On
May 31, 2018, the trial court granted Beatty's motion and
entered a default against Woodruff Brokerage. It also
scheduled a hearing for Beatty to prove damages against
Woodruff Brokerage.
On June
9, 2018, after a hearing, the trial court entered a default
judgment against Woodruff Brokerage and awarded Beatty $500,
000 in damages. On November 13, 2018, Beatty filed writs of
...