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00-4343 - Schipani, et al v. McLeod, et al


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00-4343 - Schipani, et al v. McLeod, et al
December 1, 2006
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MEMORANDUM AND OPINION ruling that plaintiffs' claims against defendants McLeod and Ruzalski are dismissed with prejudice; defendant Gallimore's contention that plaintiffs should be required to meet New Jersey's verbal threshold is rejected; defendant Gallimore's application for a ruling that it is entitled to a set-off in the amount of the settlement or equitable share of damages of the Byrd defendants is granted; and judgment is awarded for plaintiffs against defendant Gallimore in the amount of $17,000, comprised of $11,500 due to Frank Schipani and $5,500 due to Olga Schipani . Ordered by Judge Steven M. Gold on 12/01/06. (Gold, Steven)
November 19, 2008
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MEMORANDUM AND OPINION: In accordance with the Second Circuit's opinion and remand, the Clerk of the Court is directed to enter judgment against defendant Gallimore in the following amounts: for Frank Schipani $91,200, and for Olga Schipani $43,800, for their past and future pain and suffering. In addition, plaintiffs are awarded prejudgment interest at the rate of 9% per annum, from April 22, 2004 through the date of entry of judgment by the Clerk upon this remand. Furthermore, post-judgment interest shall accrue from the date of entry of judgment, as mandated by 28 U.S.C. ยง 1961(a). Judgment shall also be entered against Gallimore in the amount of $1,173.20 for plaintiffs' appellate costs. Finally, my damages award does not include any compensation for loss of services. The Clerk of the Court is directed to enter judgment consistent with this Order. Ordered by Chief Magistrate Steven M. Gold on 11/19/2008. (O'Connor, Erin)