Odell Dixon v. Gladys Baraho Ruiz (2009)

JUDGMENT AFTER HEARING IN DAMAGES

In this matter the Defendant was defaulted for failure to appear at a pretrial on October 30, 2009.   A hearing in damages was held on December 1, 2009 at which time both the Plaintiff and the Defendant appeared and were heard.   After a review of the testimony and the exhibits presented the court enters judgment as follows:  Economic damages in the amount of $3,651.80.   The economic damages requested was reduced by the court because the records indicate that the Plaintiff suffered another injury in September 2004 which the records note aggravated his back and ankle pain.   The court cannot determine, by a preponderance of the evidence, what medical treatment after that time was related solely to the fall which is the subject of the complaint in this matter.   Noneconomic damages are awarded in the amount of $5,000.00.   Judgment shall enter for the Plaintiff in the total amount of $8,651.80.

Jane Scholl, J.

Scholl, Jane S., J.