J.B., as legal guardian and personal representative of E.B., an adult with a disability v. MKBS, LLC d/b/a Metro Taxi, Inc. a/k/a Metro Transportation Planning and Solution Group and Jesus Manuel Ortiz

Summary

The Colorado Supreme Court held that a defaulting defendant may testify at a non-defaulting codefendant's trial, even when the testimony contradicts facts admitted through the default, when the testimony is relevant to the codefendant's defense. The court also upheld setting aside the default judgment based on excusable neglect and entering judgment for the defaulting defendant to avoid inconsistent adjudications with the jury verdict favoring the codefendant. Chief Justice Marquez dissented.

Holdings

1. A non-defaulting codefendant may call a defaulting defendant as a witness at the codefendant's trial, including to testify contrary to facts admitted by the default, when the testimony is relevant to the non-defaulting defendant's liability and is not otherwise prohibited by law.
2. The district court did not abuse its discretion by setting aside the default judgment because Ortiz established excusable neglect and the court properly considered whether the neglect was excusable, whether Ortiz had a meritorious defense, and whether relief was equitable.
3. When defendants are similarly situated or have closely related defenses, a default judgment against one defendant may not stand if it would be inconsistent with a judgment on the merits in favor of a codefendant; the default judgment should be vacated and judgment entered in favor of the defaulting defendant when the codefendant's jury verdict negates the factual basis of the default judgment.

Questions Presented

1. Whether a defaulting defendant may testify at a non-defaulting codefendant's trial in a manner contrary to facts deemed admitted by the default.
2. Whether the district court properly set aside the default judgment against Ortiz for excusable neglect under C.R.C.P. 60(b).
3. Whether the district court properly entered judgment in Ortiz's favor based on the jury verdict in MKBS's trial to avoid inconsistent judgments.

Disposition

affirmed