Scognamillo

Introduction

In this case arising out of an automobile accident, defendants and appellants Larry Herrick and White Knight Limousine Service appeal from a default judgment in favor of plaintiff and respondent Michael Scognamillo. Defendants contend that the trial court’s entry of default is void because Scognamillo failed to file a statement of damages with the court, although defendants were served with the required statement. Defendants further contend that the trial court abused its discretion in denying defendants’ motion for relief from default as they demonstrated excusable neglect. We reject both of these contentions.

Defendants further argue that the judgment must be reversed because a portion of the damage award was not supported by sufficient evidence, and because the trial court failed to reduce to present cash value the portion of the award representing future medical expenses and lost earnings. We agree with these contentions and we therefore reverse a portion of the judgment.

Factual and Procedural Background

In late March 2000, Scognamillo and Herrick were involved in a car accident while Herrick was in the course and scope of his employment for White…