Thomas Ozere

Following a jury trial in a personal injury action where the plaintiff was awarded $698,112.58 in damages, the court determined the plaintiff's entitlement to costs.

The parties agreed on most rates and disbursements but disputed the senior counsel's hourly rate for 2017 and 2018, and whether the costs should reflect the net recovery after an assignment of collateral benefits.

The court fixed senior counsel's rate at $375 per hour, declined to reduce costs based on the uncertain future of collateral benefits, and awarded the plaintiff partial indemnity costs totaling $466,185.76.

In a post-trial ruling following a motor vehicle accident trial, the court determined the terms of an assignment of the plaintiff's long-term disability (LTD) benefits to the defendant's insurer.

The court held that the defendant is entitled to a credit for the gross amount of the LTD benefits, regardless of the tax deducted at source by the LTD insurer.

The court also ruled that the effective date of the assignment is the date of the jury's verdict, not the date the judgment is paid, and ordered the defendant to reimburse the plaintiff for reasonable costs incurred in preserving her right to the LTD benefits.

The plaintiff was injured in a car accident and awarded damages by a jury, including $125,000 for non-pecuniary damages and $600,000 for future income loss, subject to a 10% reduction for contributory negligence.

In this post-trial ruling, the court determined the applicable prejudgment interest rate for non-pecuniary damages and whether the defendant was entitled to an assignment of the plaintiff's long-term disability (LTD) benefits.

The court declined to exercise its discretion to depart from the default 1.3% prejudgment interest rate.

The court also granted the defendant's request for an assignment of the plaintiff's LTD benefits until age 65 or until the future income loss award is exhausted, to prevent double recovery.

The plaintiff brought a motion to strike the defendant's jury notice and proceed before a judge alone, arguing that a 19.5-day delay between the conclusion of evidence and closing arguments would prejudice the jury's ability to recall and understand complex medical evidence regarding post-traumatic stress disorder.

The court dismissed the motion, finding that the evidence was not overly complex, the actual delay was shorter than claimed, and the jury was capable of comprehending and weighing the evidence.

The court concluded that justice would be better served by retaining the jury.

Following a settlement conference in a civil action, the court addressed the readiness of the matter for trial and concerns about the refusal of a non-party insurer to participate in settlement negotiations.

The court observed that the insurer’s absence from negotiations created a significant impediment to resolution and left the plaintiffs facing trial risks and costs.

The judge strongly urged the insurer to participate in negotiations and warned that cost sanctions might apply if it failed to do so.

The matter was confirmed as ready for trial with two weeks of trial time required.