Missouri Court of Appeals, Western District / Feb 13, 2019
Brett Paes vs. Bear Communications, LLC
Brett Paes sued Bear Communications, LLC, alleging wrongful termination in retaliation for pursuing workers' compensation benefits. After Paes obtained a default judgment, the trial court granted Bear Communications' motion to set aside the default judgment. On appeal, Paes argued the trial court erred because Bear Communications failed to show good cause for its untimely response. The appellate court affirmed, finding no abuse of discretion in the trial court's conclusion that Bear Communications' failure to respond was due to mistake and not an intentional or reckless design to impede judicial process.