Daniel H. Rader IV ex rel. Estate of Christine Joy Koczwara v. John Beasley

This is an action for abuse or neglect, exploitation, or theft of money or property of Christine Joy Koczwara during her life, as provided by Tennessee Code Annotated § 71- 6-120(b) of the Tennessee Adult Protection Act. The complaint seeks to recover assets as well as compensatory and punitive damages. After the defendant failed to file a timely responsive pleading to the complaint, the trial court entered a default judgment on the issue of liability. Prior to the trial on damages, the defendant moved to set aside the default judgment on the ground of excusable neglect. The claimed excuse was based on the contention that the defendant was the named executor and sole beneficiary under a purported 2020 will. The trial court rejected that argument because there was no pending will contest and the defendant had not filed a petition to admit the purported will to probate. The trial court also denied the motion to set aside upon the finding that the defendant’s failure to file a responsive pleading was willful. After a trial on damages, the court invalidated a quitclaim deed, ordered the return of personal property, and awarded $48,500 in compensatory damages and $97,000 in punitive damages against the defendant. The court also ordered the sale of the decedent’s real property. This appeal followed. We affirm in part and vacate in part.