George Ducharme v. Bhimji J. Savasani dba West Hartford Redemption Center et al. (2012)

DETERMINATION OF DAMAGES ON CROSS CLAIM

This matter was tried before the court with a jury and on October 4, 2011 the jury returned a verdict for both defendants on the complaint and for the defendant, Connecticut Tar and Asphalt Service, Incorporated, on its cross claim against the defendant, Bhimji J. Savasani d/b/a West Hartford Redemption Center.   The jury found that the defendant, Connecticut Tar and Asphalt Service, Incorporated, was entitled to indemnification from the defendant, Bhimji J. Savasani d/b/a West Hartford Redemption Center, because he breached the lease by failing to name Connecticut Tar and Asphalt Service, Incorporated as an insured under his insurance policy.   The parties had previously determined that the amount of damages to be awarded in the event of such a finding by the jury would be reserved for a later dermination by the court.   On March 12, 2012 the court held a hearing on the issue of damages to be awarded to Connecticut Tar and Asphalt Service, Incorporated, on its cross claim.   The damages claimed were limited to the attorneys fees incurred by Connecticut Tar and Asphalt Service, Incorporated, in defending this action.   It claimed $50,173.   The cross claim defendant, Bhimji J. Savasani d/b/a West Hartford Redemption Center, argued that the fees are excessive and pointed the court to certain items in the billing details submitted as an exhibit.   The court agrees that certain charges are excessive and disallows the following amounts:  1) $38 of the $48 charged on 1/31/2011 to reclaim motions;  2) $368 of the $1,104 charged on 3/17/2011 to attend the plaintiff's deposition (six hours of time were charged where the deposition lasted three hours;  the court allowed four hours);  3) $184 of the $644 charged on 4/1/2011 to attend co-defendant's deposition (three and a half hours of time were charged where the deposition lasted one and a half hours;  the court allowed two and a half hours);  4) $184 of the $368 charged on 7/11/2011 to draft letter to an orthopedic expert (two hours of time were charged;  the court allowed one hour);  5) $322 of the $736 charged on 7/18/2011 to attend client's deposition (four hours of time were charged where the deposition lasted one hour and ten minutes;  the court allowed two and a quarter hours);  6) $567 of the $567 charged on 9/27/2011 and 9/28/2011 for Attorney Sharp to attend and observe the trial, the court finds that was an unnecessary expense.

In conclusion, the court awards damages of $48,510 to Connecticut Tar and Asphalt Service, Incorporated, on its cross claim against the defendant Bhimji J. Savasani d/b/a West Hartford Redemption Center.

Jane S. Scholl

Scholl, Jane S., J.