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Quick-N-Easy, located on Brame Ave. in West Point, is at risk of going out of business if the Clay County Circuit Court decides to execute its order of default judgement to Roshunda Duncan, who sued the store in 2008 after being injured there the year before.
In her 2008 complaint, Duncan alleges that Quick-N-Easy employee Mohmed Algafaz approached her and began pulling on her, and in her attempt to get him to stop Algafaz allegedly cut Duncanâ€™s wrist with a box cutter.
After numerous attempts to get Algafaz to respond to the complaint and because of his failure to defend himself or the store against the allegations, Sixteenth Circuit Court Judge Jim Kitchens entered a default judgement July 9, 2012 in Duncan;s favor. Duncan originally requested a total of $70,879 but was granted an amount of $21,080 to be paid by the store.
Now Algafazâ€™s attorney Marty Haug is asking the court to set aside the entry of default and default judgement and to not execute the order for default judgement. Haug states in his motion the only person who received process in this case was an alleged store clerk, whom Haug says is unauthorized to receive process on behalf of the store or Algafaz since the individual is not a store owner, manager or director. Haug claims that Algafaz was not properly served with the complaint and further alleges that Algafaz, who had no attorney present during the default judgement hearing, did not know about the entry of default or knew anything about the complaint through court summons.
Duncanâ€™s attorney Jerry Askew stated in his application to the court for entry of default that he did attempt to serve Algafaz through the alleged store clerk and stated in his motion for additional time to serve process that Algafaz was attempting to evade being properly served with process.
Haug wrote to the court that if the judgement of $21,080 is executed â€śit would cause serious permanent financial injury to theâ€ť store â€śand will permanently damage the reputation of the store and may result in its permanent closure.â€ť
The court granted Haugâ€™s request for a hearing on this motion, which is set for Jan. 18, 2013.