Mikel Elmore, sued in the Superior Court as “Michael Elmore, Resident,” contends the trial court erred in entеring judgment against him in the sum of $250.00. We agree and reverse.
In a pro se complaint, Deborah A. Stevens sued “Medlink Hospital & Nursing Center at Capitol Hill ... (1) Dr. Peter Shinn, (2) RN Ivory Bradford (3) Michael Elmore — Resident.” The complaint in its entirety reads:
Plaintiff was terminated, based on false accusations, was never notified prior tо termination. The termination has affected my nursing career as a licensed practical nurse. I am requesting that all derogatory files be removed from my personnel records. I am suing for back pay and damages.
She demanded judgment in the sum of $50,000.00. When none of the defendants filed answers, defaults were entered as to each of them. Super. Ct. Civ. R. 55(a).
As required by Super. Ct. Civ. R. 55(b)(2), a hearing on damages was scheduled since the damages were not liquidated. Stevens and Elmore were the only parties to attend, both pro se. Elmore explained to the court that he did not know why he was being sued since all he hаd done was truthfully report a lack of proper nursing care given him by Stevens to Ivory Bradford, the nursing supervisor. In response to this statement from Elmore and some colloquy with Stevens, the court informed Stevens (and thus, also Elmore) “... the case is decided in your favor simply because the other side never showed up .... The other side cannot contest that you are deserving of relief but they can ask you questions about the amount of money, you see, that you want.” Stevens stated that all she wanted from Elmorе was an apology. Stating that his report to Bradford of Stevens’ inadequate nursing care given him was truе, Elmore declined to apologize. After hearing testimony from both Stevens and Elmore, the trial judge entered judgment against Dr. Shinn for $10,000.00 and against “Michael Elmore, President” (emphasis added) for $250.00.
A party is entitled to judgment based on a defaultеd complaint only to the extent that the complaint alleges a “claim for relief’ as spеcified in Super. Ct. Civ. R. 8.
Hudson v. Ashley,
[A] defendant’s default does not in itself warrant the court in entering a default judgment. There must be a sufficient basis in the pleadings for the judgment entered. As the Supreme Court stated in the “venerable but still definitive case” of Thomson v. Wooster: a default judgment may be lawfully entered only “according to what is proper to be decreed upon the statements of the bill, assumed to be true ....114 U.S. at 113 ,5 S.Ct. 788 ” ... The defendant is not held to admit facts that are not well-pleaded or to admit cоnclusions of law.
Accord Cripps v. Life Ins. Co. of North America,
Read in its light most favorable to Stevens, and assuming the allegations of the complaint are true,
see Vicki Bagley Realty, Inc. v. Laufer,
We set forth the pleading requirements for a defamation action in
Beeton v. District of Columbia,
Reversed.
Notes
. In light of the above, we need not delve into the readily apparent issue of the qualified privilege which Elmore had to make the repоrt he did.
See generally Smith v. District of Columbia,
