Free Judgment - District Court of Colorado - Colorado

Case 1:04-cv-01160-LTB-CBS

Document 146

Filed 03/16/2007

Page 1 of 5

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Lewis T. Babcock

Civil Action No. 04-cv-01160-LTB-CBS ISABELLE DERKEVORKIAN, Plaintiff, v. LIONBRIDGE TECHNOLOGIES, INC.d/b/a LIONBRIDGE US, INC., SHARRYN E. ROSS, and ROSS, MARTEL & SILVERMAN, LLP, Defendants. ____________________________________________________________________ AMENDED JUDGMENT ____________________________________________________________________

PURSUANT to and in accordance with the Order entered by the Honorable United States District Chief Judge Lewis T. Babcock, entered on January 26, 2006, IT IS ORDERED that Lionbridge Technologies, Inc., d/b/a Lionbridge U.S., Inc.' Motion for Summary Judgment is denied in part and granted in part, as follows: s, A. Plaintiff' First Claim For Relief (breach of contract) and Second Claim s For Relief (promissory estoppel) against Defendant Lionbridge survive summary judgment, but Plaintiff may not seek noneconomic damages related to these claims; B. Plaintiff' Third Claim for Relief (negligence) against Defendant s

1

Case 1:04-cv-01160-LTB-CBS

Document 146

Filed 03/16/2007

Page 2 of 5

04-cv-01160-LTB-CBS

Amended Judgment

Lionbridge is dismissed with prejudice; and

C. Plaintiff' Fourth Claim for Relief (breach of fiduciary duty) against s Defendant Lionbridge survives summary judgment, including noneconomic damages. IT IS FURTHER ORDERED that Defendants Sharryn E. Ross and Ross, Martel & Silverman, LLP' Motion for Summary Judgment is granted and, as a result, s, Plaintiff' Fifth Claim for Relief (legal malpractice) against Defendants Ross and Ross, s Martel & Silverman, LLP' is dismissed with prejudice. s IT IS FURTHER ORDERED that judgment is entered for Defendants Ross and Ross, Martel & Silverman and against the Plaintiff Isabelle Derkervorkian and the action and complaint against Defendants Ross and Ross, Martel & Silverman is dismissed. IT IS FURTHER ORDERED that Defendants Ross and Ross, Martel & Silverman have been awarded costs in the amount of $591.21. This matter was tried from December 4, 2006 through December 7, 2006 before a jury of nine duly sworn to try the issues herein, the Honorable Lewis T. Babcock, Chief Judge, presiding. The trial proceeded to conclusion and the jury returned its Special Verdicts as follows: Special Verdict Form (Breach of Contract) 1. The Plaintiff, Isabelle Derkervorkian, did enter into a contract with the

2

Case 1:04-cv-01160-LTB-CBS

Document 146

Filed 03/16/2007

Page 3 of 5

04-cv-01160-LTB-CBS

Amended Judgment

Defendant, Lionbridge Technologies, Inc., relating to the process of applying for permanent resident status.

2.

The defendant did fail to assist and support the plaintiff in the process of

applying for permanent resident status. 3. 4. The plaintiff did perform her part of the contract. The amount of the plaintiff' damages as defined in Jury Instructions No. s

15 and No. 16, that were caused by the breach of contract by the defendant is $313,570.20. Special Verdict Form (Breach of Fiduciary Duty) 1. There was a fiduciary relationship between Plaintiff, Isabelle

Derkervorkian, and the Defendant, Lionbridge Technologies, Inc., with respect to the process of applying for permanent resident status. 2. 3. 4. damages. 6. The amount of plaintiff' noneconomic damages as defined in Jury s Instruction No. 17, Paragraph 1 is $1,000,000. It is The defendant did breach a fiduciary duty owed to the plaintiff. The plaintiff did have damages. The defendant' breach of fiduciary duty was a cause of the plaintiff' s s

3

Case 1:04-cv-01160-LTB-CBS

Document 146

Filed 03/16/2007

Page 4 of 5

04-cv-01160-LTB-CBS

Amended Judgment

FURTHER ORDERED that the promissory estoppel claim is dismissed as moot. It is FURTHER ORDERED that Plaintiff Isabell Derkevorkian has been awarded costs in the amount of $2,636.46.

PURSUANT to and in accordance with the Order entered by the Honorable United States District Chief Judge Lewis T. Babcock on February 27, 2007 and upon Plaintiff' Acceptance of Remittitur, filed March 12, 2007, Plaintiff' Motion to Alter or s s Amend Judgment is granted in part. It is FURTHER ORDERED that Plaintiff is awarded economic damages in the amount of $221,433.00. It is

FURTHER ORDERED that Plaintiff is awarded prejudgment interest calculated at the rate of 8% per annum from October 1, 2003, the date of Plaintiff' termination, to s December 6, 2006, pursuant to Colo. Rev. Stat. § 5-12-102, on economic damages in the amount of $221,433.00. It is FURTHER ORDERED that to the extent the limit/cap set forth in the award for non-economic damages under Colo. Rev. Stat. § 13-21-102.5(3)(a) must be applied, the Defendant' Motion to Alter or Amend Judgment is granted in part. Plaintiff' s s Motion to Amend or Alter Judgment is granted in part, and as a result, it is 4

Case 1:04-cv-01160-LTB-CBS

Document 146

Filed 03/16/2007

Page 5 of 5

04-cv-01160-LTB-CBS

Amended Judgment

FURTHER ORDERED that Plaintiff is awarded non-economic damages in the amount of $366,250.00. It is FURTHER ORDERED that Plaintiff is awarded prejudgment interest calculated at the rate of 9% per annum from October 1, 2002, and compounded on May 18, 2004, and then annually thereafter to December 6, 2006, pursuant to Colo. Rev. Stat. § 1321-101(1), on non-economic damages in the amount of $366,250.00. It is

FURTHER ORDERED that post-judgment interest shall accrue at the legal rate of 4.95% per annum from December 7, 2006. Dated at Denver, Colorado, this 16th day of March 2007.

APPROVED:

FOR THE COURT: GREGORY C. LANGHAM, CLERK

s/Lewis T. Babcock Lewis T. Babcock, Chief Judge United States District Court

By s/Stephen P. Ehrlich Stephen P. Ehrlich, Chief Deputy Clerk

5