David Skoczylas v. Owen Miner (2014)

JUDGMENT

This plaintiff was subjected to a severe beating by two individuals, William Denver and Owen Miner on May 13, 2007.   Denver was represented by counsel and entered into a stipulation in which he agreed to pay the plaintiff $2,500 within 6 months of signing the stipulation which occurred on November 19, 2013 but if such payment was not made within six months he would pay the plaintiff $25,000.

Owen Miner who is the subject of this hearing in damages was defaulted.   A military affidavit is on file.   The court held a hearing in damages in the Miner case on December 11, 2013.

As a result of the beating by Denver and Miner the plaintiff suffered a fracture of the bone surrounding the eye, a nasal fracture and an ankle injury which required him to wear a brace for several weeks.   Photos taken shortly after the beating showed the facial swelling, abrasions, lacerations, and ankle swelling brought about by this attack.   The plaintiff also had several teeth chipped.

The plaintiff secured medical diagnosis and treatment at Middlesex Hospital, Retina Consultants for his eye injury, and had to go to a dentist and orthopedist.   The plaintiff went to his dentist for a period of four months after the attack.   The dentist indicated in the future he may need crowns and a root canal on the teeth affected by the beating.   The plaintiff went to his orthopedist for two months after the incident.

As a result of the beating the plaintiff suffered pain for a two-week period and had problems with blowing his nose due to his eye fracture.   Some six and a half years after the attack the plaintiff still experiences ankle pain on occasion.   He also testified that as a result of the beating he has difficulty breathing due to his nose fractures which make it more difficult for him to exercise.   The incident also caused him difficulty in relating to others due to this unexpected, violent attack.

Medical costs and medication incurred as a result of the beating were almost $4,700 dollars but these expenses were covered by insurance or payments received from the defendants through court order.   The plaintiff did testify that as a result of the injuries he suffered during the attack he lost $480 in wages.

It is impossible from the evidence presented to attribute a portion of the loss sustained to Denver and a portion to the defendant Miner.   The court will make a damage award against Owen Miner that reflects the total damages it concludes he suffered as a result of the joint attack by Denver and Owen Miner.

Economic Damages $ 480 (lost wages)

Non Economic Damages $42,000

Total $42,480.

The plaintiff should also receive court costs in the amount of $412.40, representing $225 for the court entry fee and $187.40 for services provided for by the State Marshal.

Thomas J. Corradino

Judge Trial Referee

Corradino, Thomas J., J.T.R.