Damages – Duplicative verdicts

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Where a jury awarded $5,123,937.74 to one plaintiff and $2.2 million to another plaintiff, the two damage amounts awarded by the jury are duplicative, so the net recoverable amount should be reduced.

“The last unresolved claims in this case, which were asserted by Terence Fracassa and Commonwealth Pain Management Connection, LLC (‘CPMC’) against John McLaughlin and Richard Vitale, were tried last month. The jury found that McLaughlin is liable to CPMC, on theories of conversion of property and aiding and abetting breach of fiduciary duty, in the amount of $5,123,937.74 for participating in the unauthorized transfer of funds out of CPMC’s bank account. It also found that McLaughlin is liable to Fracassa in the amount of $2,200,000 for interfering with Fracassa’s contractual right to indemnification by CPMC. Finally, the jury found that Vitale is not liable to Fracassa for tortious interference.

“The Court finds that the two damage amounts awarded by the jury against McLaughlin are duplicative, and that the amount awarded to CPMC must be reduced by the $2.2 million awarded to Fracassa.

“It also finds that (i) the entire $2,362,500 that Burns & Levinson LLP (‘B&L’) previously paid to Fracassa to settle his breach of fiduciary duty claim must be set off against and thus reduce the amount that the jury awarded to Fracassa, and (ii) $399,587 from the settlement amount that B&L paid to CPMC must be set off against the net damages that the jury awarded to CPMC. …

“Final judgment shall enter providing that:

“(1) John McLaughlin must pay Commonwealth Pain Management Connection, LLC, $3,336,644.68 plus further prejudgment interest running from February 8, 2022.

“(2) John McLaughlin must pay Terence Fracassa $585,379.45 plus further prejudgment interest running from February 8, 2022.

“(3) Terence Fracassa shall take nothing on his claim against Richard Vitale for tortious interference.

“(4) The claims by Terence Fracassa against Robert Quinn are dismissed without prejudice, by agreement.

“(5) All other remaining claims are hereby dismissed with prejudice.”

Bertolino, et al. v. Fracassa, et al. (Lawyers Weekly No. 09-077-24) (9 pages) (Salinger, J.) (Suffolk Superior Court) (Docket No 1784CV04210-BLS2) (June 13, 2024).

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