Brown v. Hunter

• Court: Superior Court of Maine
• Decided: October 29, 2002
• Docket: KENcv-01-18
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT CIVIL ACTION KENNEBEC, ss. DOCKET NO. CV-01-18

Pood i :

SARAH L. BROWN,

Plaintiff DONALD L. GARBRESH v ORDER LAW LIBRARY WILLIE J. HUNTER and SCHNEIDER NATIONAL NOV 5 200 CARRIERS, INC,, . Defendants

This matter came on before the court on the plaintiff's Application for Confirmation of Arbitration Award. The cause of action, originally brought as a complaint for damages as the result of negligence, went through considerable discovery and even a trial management conference before the parties agreed to submit the matter to arbitration. The arbitration award was for the plaintiff in the amount of $25,589.22, but did not mention costs of litigation, costs of arbitration or statutory interest.

The defendants object to the plaintiff's Application, arguing that typically in arbitration the costs are split equally between the parties that since the award made no reference to statutory interest, the interest should not apply. The plaintiff argues to the contrary. All parties have agreed that the court may decide this issue based on their memoranda without further hearing.

The key to both questions may lie in our Law Court's decision in Osgood v. Osgood, 1997 ME 192, 698 A.2d 1071. The defendants argue that Osgood does not apply

because Osgood concerned a "hybrid" proceeding. The defendants are correct that Osgood was hybrid in nature, but their argument fails because the present case is precisely the same type of hybrid. In both Osgood and the present case, the litigation began as a straight civil action for damages and arbitration came into the picture only later and with the consent of the parties. Therefore, statutes and rules concerning interest and costs still apply even though the matter was resolved through arbitration. The one exception to the court's award of interest and costs would be the cost of the arbitration itself. In other words, each side should be responsible for an equal share of the arbitrator's charges and any other costs directly related to the arbitration process itself. Therefore, the entry will be: (1) | The plaintiff's application for confirmation of the arbitration award is APPROVED and the award of $25,589.22 is CONFIRMED. (2) The plaintiff is also awarded her costs as set forth in her bill of costs plus statutory interest.

(3) Each side shall pay one-half of the arbitrator's fee and any other direct cost of the arbitration.

Dated: October 27 , 2002 / d j

S. Kirk Studstrup Justice, Superior Court

SARAH L BROWN - PLAINTIFF SUPERIOR COURT

Attorney for: SARAH L BROWN

KENNEBEC, ss.

BRETT BABER BABER & WEEKS PA

304 HANCOCK ST, SUITE 2E

BANGOR ME 04401

vs

WILLIE J HUNTER - DEFENDANT

Attorney for: WILLIE J HUNTER GLENN ROBINSON

THOMPSON & BOWIE

THREE CANAL PLAZA

PO BOX 4630

PORTLAND ME 04112-4630

SCHNEIDER NATIONAL CARRIERS, INC. - DEFENDANT

Attorney for: SCHNEIDER NATIONAL CARRIERS, INC. GLENN ROBINSON

Filing Document: COMPLAINT

Minor Case Type: AUTO NEGLIGENCE

Filing Date: 02/14/2001

Docket Events:

08/02/2001

FILING DOCUMENT - COMPLAINT FILED ON 02/14/2001

ATTORNEY - RETAINED ENTERED ON 02/14/2001 Plaintiff's Attorney: BRETT BABER

Party(s): SARAH L BROWN

SUMMONS - ACK OF RECEIPT OF SUMM/COMP FILED ON 03/07/2001

CERTIFICATE OF SERVICE WITH ATTACHED SUMMONS (SERVICE MADE ON 2/27/01) BY SHERIFF'S DEPT, WISCONSIN.

Party(s): WILLIE J HUNTER, SCHNEIDER NATIONAL CARRIERS, INC. RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 03/19/2001

Party(s): WILLIE J HUNTER ATTORNEY - RETAINED ENTERED ON 03/19/2001 Defendant's Attorney: GLENN ROBINSON

Party(s): SCHNEIDER NATIONAL CARRIERS, INC. ATTORNEY ~ RETAINED ENTERED ON 03/19/2001 Defendant's Attorney: GLENN ROBINSON

ORDER - SCHEDULING ORDER ENTERED ON 03/22/2001 S KIRK STUDSTRUP , JUSTICE Page 1 of 6

DOCKET RECORD

Docket No AUGSC-CV-2001-00018

BROWN COUNTY

Printed on:

10/31/2002