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Personal Injury Judgment
During 1987, Mr. Sullivan was employed by Counsel Tech, a
heating and ventilation contractor. On January 15, 1987,
petitioner was assigned by his employer to repair heating equipment
at a Wendy's restaurant owned by South Isle Food Corp. (South
Isle). While making repairs on the roof, he fell off a ladder,
sustaining severe neck injuries.
In October 1987, Mr. and Mrs. Sullivan, both individually and
on behalf of their three children, instituted a suit against South
Isle in the U.S. District Court for the District of Rhode Island.
The complaint contained three counts: One for negligence, a second
for infliction of emotional distress, and a third for loss of
consortium. The plaintiffs sought $7 million in damages with
interest, court costs, and attorney's fees; none of the counts
stated a specific monetary damage amount.
On November 10, 1988, the jury awarded damages of $1,256,150.
Mr. Sullivan was determined to be 25 percent at fault because of
his contributory negligence; consequently, the damage award was
reduced to $942,112.50. The jury did not allocate the damage award
among the three counts. A judgment was entered on November 14,
1988, and an amended judgment was subsequently entered on December
21, 1988. The amended judgment was for "the plaintiff, John L.
Sullivan in the amount of $942,112.50 plus interest computed at 12%
from 1/15/87 to 11/10/88 in the amount of $210,623.20, plus costs
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