Court: Supreme Court of Arkansas; March 25, 1963; Arkansas; State Supreme Court
Earl T. Braun and Marie Braun filed a lawsuit against Joe Ferri on June 14, 1962, seeking damages of $3,500 and $9,900, respectively, due to an automobile collision. Ferri did not respond within the required timeframe, resulting in a default judgment in favor of the Brauns on August 6, 1962. Ferri subsequently filed a notice of appeal and designated the record for review. During a court hearing on July 9, 1962, it was noted that Ferri had not filed an answer, and the court awarded the damages as requested without any testimony presented by the plaintiffs.
Arkansas law allows a party to submit a condensed narrative statement of testimony, which may be challenged by other parties if dissatisfaction arises. The judgment erroneously stated that there was evidence supporting the damages claimed. Although Ferri failed to respond, he retained the right to contest the damages amount during the appeal, including the right to cross-examine witnesses and introduce evidence. The court emphasized that a default judgment does not automatically validate the claimed damages without evidence, noting established precedents that affirm a defendant's right to challenge the sufficiency of evidence supporting damage amounts.
The admission of the assumpsit to pay for the goods sold and delivered eliminates it as a contested issue; however, the amount of damages remains in dispute. Citing Thompson v. Haislip, the court affirms that the defendant has the right to cross-examine the plaintiff's witness during damage inquiries, and this right extends to introducing evidence aimed at reducing damages. The appellant claims there was no substantial evidence of damages, indicating a lack of support for the judgment. The appellee's failure to provide evidence in a question-and-answer format means the record lacks substantial evidence for the judgment. Consequently, since the damages issue was not fully explored, the case is reversed and remanded for a new trial on damages, with McFaddin, J. dissenting.
