Michael Piontkowski v. Kevin Agan et al. (2012)

MEMORANDUM OF DECISION

In this case, the plaintiff, Michael Piontkowski, seeks to recover compensatory damages from the defendants, Kevin and Jason Agan, and exemplary damages from the defendant, Jason Agan, for physical injuries and other damages sustained in an altercation on or about October 14, 2007.   The action was withdrawn as to Kevin Agan. Jason Agan was defaulted for failure to appear, and the matter proceeded to a hearing in damages against Jason Agan on Counts Two, Three and Four of the complaint on April 9, 2012.   Jason Agan did not attend the hearing.

The court makes a finding of non-military service as to the defendant, Jason Agan. The plaintiff submitted exhibits and argument in support of his claims for compensatory and punitive damages.   The court finds for the plaintiff and awards the following economic damages:  $8,222.34 for reasonable medical expenses incurred, $0 for past and/or future lost wages.   The court awards the following non-economic damages:  $90,000.   The court awards the following punitive damages:  $32,740.66. In total, the court awards the plaintiff $130,963 as against the defendant, Jason Agan. Judgment shall so enter in favor of the plaintiff in that amount.

THE COURT

Robert F. Vacchelli

Judge, Superior Court

Vacchelli, Robert F., J.