Court refuses to set aside or alter single case evaluation award against multiple parties
Ridchard G. Beauchemin sued David M. Hall and others, arguing that they had taken steps that jeopardized his security in a large investment. At case evaluation, the panel recommended a single award in the amount of $35,000.00 against all defendants. Plaintiff accepted the award and the Defendants filed a "conditional acceptance." The parties then argued over whether the award could properly be in a total amount of $35,000.00, or whether it should be interpreted as an award of $35,000.00 against each defendant.
The trial judge concluded that the clear intent of the evaluators was to make a single award of $35,000.00 and entered judgment in that amount. The Plaintiff appealed. While the Court of Appeals panel was concerned that the award violated the "multiple party" language of the Case Evaluation court rule, it upheld the award, noting that a single award was consistent with the Plaintiff's theory that all of the Defendants were responsible for the full amount of his loss.