In a recent decision by the Arizona Court of Appeals, Division Two, Jose Godoy, an individual petitioner, successfully challenged the superior court’s order that set aside a default entry in his favor against Wilmot Apartment Enterprises LLC and Wilmot Vista Apartments LLC. The case stems from an incident in February 2023 when Godoy, employed by Transpacific Asset Management and working at Wilmot Vista Apartments, suffered serious injuries after falling off a ladder. Godoy filed a lawsuit in January 2025 against the defendants for premises liability. The defendants failed to respond, leading to an affidavit of default filed by Godoy in March 2025.
Despite multiple procedural steps taken by the defendants to contest the damages and seek dismissal based on workers’ compensation exclusivity claims, the appellate court found that they did not provide sufficient evidence to justify setting aside the default. The court emphasized that defaults are generally disfavored but require substantial factual support to be overturned. Consequently, special-action jurisdiction was accepted, and relief was granted to Godoy.
The decision highlights important legal principles regarding default judgments and statutory employer defenses under Arizona law.
Source: SA20250071_Godoy_v_Wilmot_Apartment_Enterprises_LLC_Opinion_Arizona_Court_of_Appeals.pdf