- 5 -5
surgery over the next 5 years, lost significant use of his leg,
received a blood transfusion, and contracted a chronic blood
disease for which he continues to receive treatment.
On February 8, 1984, Mr. DiBiasio commenced a medical
malpractice action in the Superior Court of Rhode Island against
Dr. Mariorenzi and St. Joseph Hospital. Mr. DiBiasio settled his
dispute with the hospital, but did not settle with Dr.
Mariorenzi.
On May 8, 1989, following a 10-day trial, a jury rendered a
verdict against Dr. Mariorenzi and awarded damages of $700,000 to
Mr. DiBiasio. As required by R.I. Gen. Laws sec. 9-21-10 (1985),
the court added $572,810 in statutory prejudgment interest to the
award, bringing the total judgment to $1,272,810. Following the
judgment, Mr. DiBiasio and Dr. Mariorenzi settled their dispute.
The settlement agreement required Dr. Mariorenzi to pay Mr.
DiBiasio $1 million for a release and discharge of any and all
past and future claims. During the settlement negotiations, the
parties did not discuss the tax consequences of the settlement.
In addition, the agreement did not contain any reference to
prejudgment or postjudgment interest.
On May 15, 1989, Mr. DiBiasio and Dr. Mariorenzi filed a
stipulation of dismissal with the trial court. The stipulation
states that the case is "Dismissed with prejudice, no interest,
no costs." Dr. Mariorenzi's medical malpractice insurer issued a
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011