ILNews

Judges disagree on punitive damages award

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The Indiana Court of Appeals upheld a compensatory damage award today for a couple that was attacked, but the majority remanded the trial court's punitive damage award because it was excessive.

In James G. Clark and Larry A. Biddle III v. Donald and Janet Simbeck, No. 71A03-0801-CV-5, James Clark and Larry Biddle attacked Donald and Janet Simbeck after Donald stopped his car to question why the two had followed them closely in their car and driven recklessly around them.

Donald was hit in the head more than 30 times; Janet was struck once. Clark and Biddle pleaded guilty to two felony counts of battery resulting in serious injury and one misdemeanor count of battery.

A bench trial on the damages resulted in a compensatory award to Donald for $738,500; Janet received $26,000. The couple also received punitive damages of $60,000 each.

Clark and Biddle appealed, arguing the trial court erred in denying their motion for a continuance. The Court of Appeals affirmed because Clark and Biddle delayed hiring replacement counsel after their original attorney withdrew his appearance until the Friday before the trial was set to start, wrote Senior Judge George B. Hoffman.

The trial court's suggestion Clark and Biddle consider waiving the liability issue and proceed with a bench trial on damages didn't prejudice the two, the appellate court ruled. Clark and Biddle weren't forced or intimidated into waiving their jury trial, nor does Indiana's Comparative Fault Act apply in this case because the two didn't make a claim Donald failed to mitigate his damages, wrote the judge.

The Court of Appeals found given the severe pain and injury caused upon Donald because of the attack, the compensatory award was not excessive. However, the appellate court reversed the punitive damages award for the couple because the trial court didn't consider Clark and Biddle's financial condition and ability in ordering them to pay $60,000 in punitive damages to each of the victims. The Court of Appeals remanded for the trial court to determine the amount of punitive damages, if any, reflective of Clark and Biddle's financial status.

Chief Judge John Baker dissented only regarding the punitive damages, finding Clark and Biddle's conduct on the night they attacked the Simbecks to be "so egregious, so malicious, and so brutal that the relatively nominal punitive damages award of $60,000 is warranted."

The appellate court also denied the Simbecks' request for damages and attorney fees because Clark and Biddle's appeal wasn't frivolous or in bad faith.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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