In this post-verdict decision following a 20-day jury trial in a historical sexual assault case, the court addressed four issues: (1) whether to amend the statement of claim to reflect the jury's verdict exceeding the pleaded amounts; (2) whether to set aside or reduce the $1,000,000 punitive damages award against the estate; (3) whether the defendant organization should be held severally rather than jointly liable; and (4) the appropriate pre-judgment interest rates.
The plaintiff was awarded $400,000 in general and aggravated damages, $940,000 for past income loss, and $50,000 for future counselling, with the jury apportioning liability 75% to the estate and 25% to the organization.
The court upheld the jury verdict in all respects, granting the amendment to the pleading, refusing to interfere with the punitive damages award, maintaining joint and several liability, and awarding pre-judgment interest at 5% on non-pecuniary damages from June 1992 and 2% on pecuniary damages from June 1992, calculated bi-annually.
