TAFLINGER v. HINDSON et al

Filing 237

ENTRY ON DAMAGES - The Court therefore finds Ms. Taflinger has not submitted sufficient evidence on which the Court can rely to award her $360,000.00 in future medical damages. Accordingly, this request is denied. Ms. Taflinger's awards of $1,500,000.00 in compensatory damages, $1,000,000.00 in punitive damages, and $37,000.00 in costs remain. *SEE ENTRY*. Signed by Judge Tanya Walton Pratt on 9/24/2012.(JD)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION BROOKE TAFLINGER also known as B.N.T., Plaintiff, vs. BRIAN HINDSON, CENTRAL INDIANA AQUATICS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 1:09-cv-00771-TWP-DML ENTRY ON DAMAGES On August 30, 2012, the Court held a damages hearing on Plaintiff Brooke Taflinger’s claims against Defendants Brian Hindson and Central Indiana Aquatics. The Court had previously entered default judgment against Mr. Hindson and Central Indiana Aquatics on May 24, 2012. At the hearing, the Court heard testimony from Ms. Taflinger and her father, Mr. Bruce Taflinger. Ms. Taflinger requested $1,500,000.00 in compensatory damages, $1,000,000.00 in punitive damages, $37,000.00 in costs, and $360,000.00 in future medical damages. The Court awarded Plaintiff’s compensatory damages, punitive damages, and costs. The Court took Ms. Taflinger’s request for medical damages under advisement and now issues its judgment. Ms. Taflinger’s request for future medical damages included a calculation resulting in $360,000.00 and a medical report from Dr. Drew H. Barzman, a psychiatrist. The $360,000.00 amount was reached by multiplying $500.00 per month for 60 years. Dr. Barzman evaluated Ms. Taflinger on August 24, 2012. Dr. Barzman diagnosed Ms. Taflinger with “anxiety disorder not otherwise specified” and “major depressive disorder,” with symptoms of significant posttraumatic stress disorder. He “highly recommended” Ms. Taflinger receive therapy. However, Dr. Barzman did not indicate how often Ms. Taflinger should receive therapy, or for how long. Additionally, Ms. Taflinger testified that she was not currently in therapy and she had not received any therapy following Dr. Barzman’s evaluation. Ms. Taflinger’s submissions to the Court also fail to establish with reasonable certainty the frequency and duration of future therapy. Moreover, Ms. Taflinger has not provided the Court with the reasoning used to reach the $500.00 per month cost. The Court therefore finds Ms. Taflinger has not submitted sufficient evidence on which the Court can rely to award her $360,000.00 in future medical damages. Accordingly, this request is denied. Ms. Taflinger’s awards of $1,500,000.00 in compensatory damages, $1,000,000.00 in punitive damages, and $37,000.00 in costs remain. SO ORDERED. 09/24/2012 Date: _____________ ________________________ Hon. Tanya Walton Pratt, Judge United States District Court Southern District of Indiana Distributed to: B. Robert Allard CORSIGLA MCMAHON AND ALLARD rallard@cmalaw.net James M. Curran LAW OFFICE OF JAMES M. CURRAN jmc@currantriallaw.com, jimcurrantriallaw@yahoo.com Kristopher N. Kazmierczak KATZ & KORIN P.C. kkazmierczak@katzkorin.com, vellis@katzkorin.com Jonathan Charles Little SAEED & LITTLE, LLP jon@sllawfirm.com Bernard Lowell Pylitt KATZ & KORIN P.C. bpylitt@katzkorin.com, vellis@katzkorin.com Thomas E. Wheeler , II FROST BROWN TODD LLC twheeler@fbtlaw.com, kdickerson@fbtlaw.com

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