Stanley Novakowski v. Alan Brown (2015)

MEMORANDUM OF DECISION RE PLAINTIFF'S APPLICATION FOR PREJUDGMENT REMEDY

A hearing was held before this court on January 20, 2015, relating to the Plaintiff's Application for a Pre–Judgment Remedy.   Both parties were well represented by counsel.   Testimony was taken and exhibits were filed.

The plaintiff claims to have been struck by an automobile driven by the defendant.   In response to a request for admission the defendant admits that he was the operator of the car.   He also admits that there was “contact” between the plaintiff and the defendant's vehicle.   The defendant was not aware of the plaintiff's presents before the contact.   The defendant denies negligence.   It is found from the testimony that the plaintiff walked in front of the defendant's moving vehicle in a dark area.   In questioning the defendant has raised the issue of the plaintiff's contributory negligence.

The parties stipulated that the defendant has $250,000 insurance coverage so that the hearing was related only to whatever excess over that amount the plaintiff could establish.

The plaintiff established he had medical expenses of $24,934.25 and can reasonable expect future expenses if he has a shoulder replacement.

However, the court finds that the plaintiff has not met his burden of proof that there is probable cause to believe that he will be successful in obtaining a judgment in excess of the insurance coverage that has been stipulated.

For that reason, the application is denied.

Robert C. Leuba, J.T.R.

Leuba, Robert C., J.T.R.