Opinion
Civil Action CV-16-379
04-12-2017
CORIANDER PORTER, Plaintiff v. TIMOTHY STAFFORD, Defendant
PRO SE PLAINTIFFS: MARCEL DUBOIS ATTORNEY FOR DEFENDANT: THOMAS KNOWLTON, AAG OFFICE OF THE ATTORNEY GENERAL
PRO SE PLAINTIFFS: MARCEL DUBOIS
ATTORNEY FOR DEFENDANT: THOMAS KNOWLTON, AAG OFFICE OF THE ATTORNEY GENERAL
ORDER
Before the court is a motion by plaintiff Coriander Porter for summary judgment.
Defendant Timothy Stafford has not filed any opposition to the motion, but the Law Court has ruled that, even where no opposition has been filed, courts are nevertheless required to review the statement of material facts submitted by a party moving for summary judgment to determine whether the material factual assertions are properly supported. See Cote Corp. v. Kelley Earthworks Inc., 2014 ME 93 ¶ 8, 97 A.3d 127.
The court has reviewed the motion and the statement of material facts, which is properly supported by Porter's affidavit, by the admissions of Stafford based on his failure to respond to Porter's request for admissions within 30 days or at any time thereafter, and by Stafford's criminal conviction for assaulting and threatening Porter. Accordingly, summary judgment is granted in favor of Porter and against Stafford, finding Stafford liable for assault, battery, false imprisonment, and intentional infliction of emotional distress (IIED).
Stafford has apparently also failed to respond to a request for production of documents and a request by plaintiffs counsel to provide dates when Stafford could be deposed.
Porter's complaint also contains a claim for negligent infliction of emotional distress, but she is entitled to obtain damages for emotional distress on her other claims. The court does not find in the summary judgment record any basis to conclude that Stafford was acting negligently.
On Porter's claim for punitive damages, the court also finds that the summary judgment record establishes that Stafford was acting with malice toward Porter and/or that his actions were so outrageous that malice may be implied.
On the issue of damages, Porter is entitled to partial summary judgment on her claim for medical expenses of $5300 and lost wages of $2500.
However, determinations of the amount of damages due to Porter for emotional distress and the punitive damages to be assessed on Stafford are unsuited for summary judgment. Porter's affidavit establishes that she was subjected to severe emotional distress that is sufficient to prove Stafford's liability for IIED. Without an evidentiary hearing, however, the court cannot adequately determine what amount of damages for pain, suffering, and emotional distress and what amount of punitive damages should be assessed.
Accordingly, the clerk shall schedule a damages hearing, which may if possible be held during the next trial term. Counsel and the parties shall submit by April 24, 2017 any requested protections for the period May 15 through June 30.
The entry shall be:
1. Plaintiff Coriander Porter's unopposed motion for summary judgment is granted in part.
2. Defendant Timothy Stafford is determined to be liable for assault, battery, false imprisonment, intentional infliction of emotional distress, and punitive damages.