Kathleen Stern et al. v. Franklin McEwen dba Lyme Tavern et al. (2016)

MEMORANDUM OF DECISION RE AWARD OF DAMAGES AND COSTS

The court, following a postjudgment hearing on the verdict rendered on November 6, 2015, and having reviewed the post judgment pleadings of the parties, hereby awards damages and costs in accordance with the verdict as follows:

Count 1 Kathleen Stern (Dram Shop) $200,000.00

*(All costs and adjustments will be applied

to negligence counts)

Count 2 Frederick Lee Stern (loss of consortium)

Economic Damages $ 56,514.02

Non-economic Damages $194,087.53

Subtotal $250,601.55

To determine damages and costs due, subtract collateral sources and multiply resulting amount by .4 to reflect apportionment.  Then add allocated costs as calculated below.  Note the court recognizes that not all costs applied to both plaintiffs, but for simplicity in making calculations, has assumed they did and has allocated them in accordance with allocation utilized for dram shop award. (80%/20%.)  Gross costs are based on the plaintiff's Bill of Costs, dated November 18, 2015.

The defendant's objection to the Bill of Costs dated December 10, 2015 is overruled.  Costs will be allocated as follows:

Total costs =$32,484.07 x .2 for Frederick Lee Stern = $ 6,496.81

x .8 for Kathleen Stern =$ 25,987.26

Count 3 Frederick Lee Stern (Bystander Emotional Distress)

See Count 2 above.

Count 4 Frederick Lee Stern (Dram Shop)

Damages $ 50,000

(see notes Count 2 above)

Count 5 Kathleen Stern (Loss of Consortium)

Economic Damages $467,135.88

Non-economic Damages $582,262.57

Subtotal damages $1,049,398.4 x .4 per apportionment = $419,759.36

Plus costs per Count 2 $ 25,987.26

Total damages plus costs $445,746.62

(Note:  No collateral source adjustment;  see Denial of Motion for Reduction in Verdict.)

Count 6 Kathleen Stern (Negligence)

See Count 5 above.

Count 7 Frederick Lee Stern (Loss of Consortium)

See Count 2 above.

Count 8 Frederick Lee Stern (Bystander Emotional Distress)

See Count 2 above.

Count 3 appears identical to this count, which probably is superfluous.

Count 9 Frederick Lee Stern (Negligence)

See Count 2 above.

Count 10 Kathleen Stern (Loss of Consortium)

See Count 5 above.

Bates, J.

Bates, Timothy D., J.