The 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
THOMPSON & BOWIE
THREE CANAL PLAZA
PO BOX 4630
PORTLAND ME 04112-4630
Filing Document: COMPLAINT
Minor Case Type: AUTO NEGLIGENCE
Filing Date: 02/14/2001
Docket Events:
08/02/2001
08/02/2001
08/02/2001
08/02/2001
08/02/2001
08/02/2001
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