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William Phillip Taylor v. City of Ballwin, Missouri, Donald Loehr, David Beckett, Rosalee C. Wells, Dennis Niere, David Hawkins, St. Louis County, Missouri, Edward Moreland, John Hartner, William Breeding, Aaron Mensey, Charles Shannon, Herbert Bernsen, Milton Bentley, Hartley Johnston, Gerald Leininger, Brouk Ziegler Motor Co., Inc., Roy Cochrell, James Cole, Douglas Harris and Howard Young
Citation: 859 F.2d 1330Docket: 87-1894
Court: Court of Appeals for the Eighth Circuit; November 20, 1988; Federal Appellate Court
William Phillip Taylor filed a civil rights complaint under 42 U.S.C. § 1983 and state claims against the City of Ballwin, St. Louis County, various officials, and Brouk Ziegler Motor Co. Inc. A jury found in favor of all defendants, leading to a dismissal by the district court, which Taylor appealed. The Eighth Circuit affirmed the judgment against all defendants except Brouk Ziegler. Taylor's issues included the sale of his 1975 Ford Thunderbird, which was impounded after his arrest for attempting to sell stolen property. Brouk Ziegler towed and stored the vehicle but sold it without Taylor's authorization in January 1987, retaining the proceeds for unpaid storage fees. Taylor's complaint, filed in December 1982, accused Brouk Ziegler of unlawful replevin and conversion. Despite proper service, Brouk Ziegler did not respond to the complaint or subsequent amendments. Nearly three years into the lawsuit, Taylor requested a default judgment due to Brouk Ziegler's inaction. However, the district court did not address this request for over thirteen months. On the trial's opening day, Brouk Ziegler's counsel appeared and sought to set aside the default and file an answer, which the court denied. Taylor contended this was an abuse of discretion, a position the appellate court agreed with, leading to a partial reversal and remand regarding Brouk Ziegler. The court reviews the denial of a motion for default judgment to determine if the trial court abused its discretion, as stated in Swink v. City of Pagedale. The district court's denial of Taylor's motion was deemed an abuse of discretion, as Brouk Ziegler's lawyers failed to appear and their absence caused no harm to the plaintiff. The court emphasized that default judgment is warranted in cases of clear delay or contempt, which was evident as Brouk Ziegler did not respond to any of the plaintiff's five amended complaints, failed to meet pretrial requirements, and hindered discovery opportunities. Consequently, the court reversed the dismissal and remanded for default judgment. Regarding damages, Federal Rule of Civil Procedure 55(b)(2) allows the court to determine damages without an evidentiary hearing when they can be computed from the record. The Supreme Court's ruling in Pope v. United States supports this approach. Here, the reasonable fair market value of the automobile in question was established at $3,000. The district court is instructed to vacate its previous dismissal of Brouk Ziegler, grant default judgment to Taylor, and award the fair market value of the automobile. Each defendant will bear its own costs. Brouk Ziegler, having been notified of Taylor's claim for $10,000, cannot contest the claim or file a counterclaim after default, as they are deemed to have admitted the allegations made in the complaint. The court also noted that records related to the automobile were destroyed, further prejudicing the plaintiff's position. Taylor had purchased the automobile for $3,000 shortly before its impoundment.