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Island on July 1, 1986, individually and on behalf of Jacquelyn
against Dr. Christos H. Erinakes (Dr. Erinakes) and Kent County
Hospital. Dr. Erinakes was represented by Dennis J. McCarten
(McCarten). Dr. Erinakes' medical malpractice insurer was Joint
Underwriting Association (JUA).
In December 1991, the Woodses and Jacquelyn settled their
claim against the hospital for an unspecified amount of damages.
The settlement proceeds from the hospital are fully excludable
from gross income under section 104(a)(2).
On December 11, 1991, a jury awarded damages against Dr.
Erinakes of $1.2 million to Jacquelyn and $120,000 to the
Woodses. The clerk of the court added statutory prejudgment
interest of $888,000 as required by R.I. Gen. Laws section 9-21-
10 (1997) to Jacquelyn's award, totaling $2,088,000. The jury
award for Jacquelyn of $1.2 million is 57.47 percent of
$2,088,000. The statutory prejudgment interest of $888,000 is
42.53 percent of $2,088,000. The clerk of the court added
statutory prejudgment interest of $88,800 as required by R.I.
Gen. Laws section 9-21-10 to the Woodses' award, totaling
$208,800. The jury award for the Woodses of $120,000 is 57.47
percent of $208,800. The statutory prejudgment interest of
$88,800 is 42.53 percent of $208,800.
On December 20, 1991, Dr. Erinakes moved for a new trial on
all issues, or, alternatively, on the issue of damages. The
trial court denied the motion on February 28, 1992. Dr. Erinakes
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