Johnson v. Gib's Western Kitchen, Inc.

McGIVERIN, Justice.

Plaintiff Bradley R. Johnson claims the trial court erred in not entering a default judgment against defendant Rod Kessler, who failed to answer plaintiff’s petition until after trial had begun. We conclude that the court did not abuse its discretion in overruling plaintiff’s motion for a default judgment made during trial at the close of plaintiff’s case. Accordingly, we affirm.

Plaintiff’s lawsuit was the result of a barroom brawl which occurred in The Other Place lounge in Council Bluffs. Defendant Kessler, a bouncer employed by The Other Place, and others were alleged to…