Bailey v. Algonquin Gas Transmission Co.

Robert Bailey and other plaintiffs sued Maguire Group (defendant) for personal injuries allegedly caused by its negligence. Maguire's attorney, Coffey, never told Maguire about the plaintiffs' document request, never responded to it or to follow-up motions to compel, and misleadingly told Maguire nothing was happening in the case even while regularly updating Maguire on other matters. A default judgment for damages was entered against Maguire as a result. After learning of Coffey's mishandling (which Maguire attributed to alcohol abuse), Maguire hired new counsel and moved to vacate the default judgment under rules allowing relief for excusable neglect or other extraordinary reasons. The trial court denied the motion, finding Coffey's conduct was unexplained or willful rather than excusable, and Maguire appealed.