Mathews v. Big Bear Choppers, Inc. et al

Filing 276

JUDGMENT entered in favor of Marcus J. Mathews against Big Bear American Choppers, Inc. in the amount of $457,118.72 in addition to prejudgment interest in the amount of $438.33 for a total of $457.557.05. (mae)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ MARCUS J. (MARC) MATHEWS, Plaintiff, Civil Action No. 5:04-CV-1206 (DEP) vs. BIG BEAR AMERICAN MADE CHOPPERS, INC., Defendant. ____________________________________

APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF: BOTTAR, LEONE LAW FIRM 120 Madison Street Suite 1600 AXA Tower II -16th Floor Syracuse, New York 13202 FOR DEFENDANT BIG BEAR: PETRONE, PETRONE LAW FIRM 1624 Genesee Street Utica, New York 13502 DAVID E. PEEBLES U.S. MAGISTRATE JUDGE JUDGMENT DAVID H. WALSH, IV, ESQ. ANTHONY S. BOTTAR, ESQ.

This matter came before the court for trial, beginning on May 11, 2005, to a jury duly empaneled and sworn, in connection with plaintiff's claims of strict liability, negligence and breach of warranty, inter alia, seeking recovery for damages for personal injury. Following trial, the jury returned a verdict, utilizing a jury verdict form provided for its use, and thereupon made certain findings with regard to the various claims and counterclaims submitted for its consideration, as well as the defenses raised with regard to those claims. Based upon the jury's verdict (Dkt. No. 259), which is incorporated herein by reference, it is hereby ORDERED, ADJUDGED AND DECREED that judgment be entered in favor of plaintiff against defendant Big Bear American Made Choppers, Inc. in the amount of $457,118.72; and it is further ORDERED, ADJUDGED AND DECREED that plaintiff's judgment shall include prejudgment interest from the date of the verdict until the date of judgment calculated in accordance with 28 U.S.C. § 1961(a) at a rate of .50 percent per annum in the additional amount of $438.33; and it is further ORDERED, ADJUDGED AND DECREED, that the total amount of the judgment entered for plaintiff, including prejudgment interest, shall be

2

$457,557.05.

Dated: August 5, 2005

3