Orthoflex Saddleworks, Inc. v. Western Heritage Insurance Company

Filing 27

JUDGMENT in accordance with jury verdict Plaintiff, Orthoflex Saddleworks, Inc. recovers from Defendant, Western Heritage Insurance Company $177,662.68, plus interest from the date of this judgment until paid at the current post-judgment interest rate of.11% per annum; parties are directed to file any post-trial motions concerning attorneys fees, statutory penalties, and any additional interest within 14 days. Signed by Honorable Robert T. Dawson on January 27, 2012. (cnn)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
ORTHOFLEX SADDLEWORKS, INC.
vs.

PLAINTIFF

CASE NO. 1:10-CV-1079

WESTERN HERITAGE INSURANCE COMPANY

DEFENDANT

JUDGMENT
On the 24th day of January 2012, this matter came on for
trial to a duly selected jury consisting of eight members, the
Honorable Robert T. Dawson presiding.

The trial continued until

January 25, 2012, when the case was submitted to the jury on
interrogatories with a unanimous verdict as follows:
INTERROGATORY NO. 1:
Do

you

Defendant,
contract

find

from

Western
with

a

preponderance

Heritage

Orthoflex

Insurance

Saddleworks,

of

the

evidence

that

Company,

breached

its

Inc.

described

in

as

Instruction Nos. 13, 14, and 15?
√

YES
NO

INTERROGATORY NO. 2:
If
amount

you
of

answer

“YES”

to

damages

you

find

Interrogatory
were

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No.

1,

sustained

by

state

the

Orthoflex

Saddleworks, Inc., as described in Instruction No. 16.

This

amount of damages should reflect the damages in excess of the
stipulated amount set out in Instruction No. 15.
DAMAGES $ ___168,363.20____
As stipulated to by the parties, the judgment of the jury
in

the

amount

of

$168,363.20

shall

be

in

addition

to

the

stipulated amount reflected in Instruction No. 15; $11,799.48
less the applicable deductible of $2,500.00.

The calculated

award of damages is therefore $177,662.68.
IT IS ORDERED AND ADJUDGED in accordance with this jury
verdict Plaintiff Orthoflex Saddleworks, Inc. should have and
recover of and from Defendant Western Heritage Insurance Company
$177,662.68, plus interest from the date of this judgment until
paid at the current post-judgment interest rate of .11% per
annum.

The parties are directed to file any post-trial motions

concerning

attorney’s

fees,

statutory

penalties,

and

any

additional interest within 14 days.
IT IS SO ORDERED this 27th day of January 2012.
/s/ Robert T. Dawson
Robert T. Dawson
United States District Judge

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