Erica G. v. Taylor Taxi, Inc.
Annotate this CaseIn September 2013, "Erica G." filed a complaint for damages against Taylor Taxi, Inc., The Taylor Revocable Trust, and L & J Cabs, Inc. (collectively, Taylor Taxi). The complaint alleged that “a licensed taxi driver operating under a permit issued to Taylor Taxi” had sexually assaulted Erica in “a desolate area of Ship Creek Road.” The complaint’s sole cause of action alleged that Taylor Taxi was negligent “by failing to conduct an adequate background check of [the driver], failing to properly train [the driver] and failing to properly supervise [the driver].” Taylor Taxi’s answer denied the negligence allegation and asserted four affirmative defenses: failure to state a claim, failure to bring an action against an indispensable party, Taylor Taxi’s entitlement to rely on the Municipality of Anchorage’s licensure process and background check of the driver, and the independent contractor status of the driver. Taylor Taxi also filed a third-party complaint against the driver. Defendants moved for summary judgment. Plaintiff did not oppose the motion or otherwise respond by the required response date. On the same day that the superior court granted defendant’s unopposed motion for summary judgment, plaintiff filed an untimely motion for an extension of time to file her opposition. The superior court denied plaintiff’s late-filed motion to extend the time to oppose summary judgment, as well as a subsequent motion for reconsideration or relief from judgment. The Supreme Court affirmed the superior court because although plaintiff’s attorneys provided "a long and shifting catalog of circumstances" to justify their failure to timely seek an extension, all lacked a nexus to the late filing. Plaintiff’s attorneys have thus never demonstrated that their failure to timely request an extension of time was caused by excusable neglect.
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