E. H. Smith and Son v. Springdale Mall

A third-party defendant, E.H. Smith and Son Electrical Contractors, Inc. ("Smith"), suffered a default judgment in the amount of $250,820.11. Smith moved for relief from the judgment under Rule 60(b)(1) and (6), A.R.Civ.P.; the trial court denied the motion. Smith appealed. We reverse and remand.

On March 19, 1989, an accident occurred at the Springdale Mall Shopping Center ("Springdale"), in Mobile, Alabama. In a resulting lawsuit the plaintiffs alleged that Joseph William Joyave, a minor, was holding onto an iron fence enclosing a metal lamppost when the iron post and fence fell over and…