Free Motion for Judgment as a Matter of Law - District Court of Delaware - Delaware

Case 1 :04-cv-0091 1-G|\/IS Document 135-2 Filed O2/28/2006 _ Page 1 of 2 1
IN THE UNITED STATES DISTRICT COURT V A
FOR THE DISTRICT OF DELAWARE A
JAN KOPACZ and ESTATE OF CATHY :
KOPACZ, 2
Plaintiffs, : C.A. No. 04-911 GMS
v. I A
DELAWARE RIVER AND BAY AUTHORITY, :
and CRAIG SWETT, :
Defendants,
JAN KOPACZ, :
Plaintiff, : C.A. No. 04-1281 GMS
v. :
DELAWARE RIVER AND BAY AUTHORITY,
Defendant. :
' [PROPOSED] ORDER
RE: MOTION OF DEFENDANT, DELAWARE RIVER AND BAY AUTHORITY,
FOR JUDGMENT AS A MATTER OF LAW! NOTWITHSTANDING
THE VERDICT, OR IN THE ALTERNATIVE, FOR A NEW TRIAL
THIS COURT, having considered the Motion of Defendant, Delaware River and Bay
Authority, for Judgment as a Matter of Law/Notwithstanding the Verdict, or in the Alternative,
for a New Trial, and all argument related thereto, IT IS HEREBY ORDERED as follows:
1. The Judgment of this Court entered on February 15, 2006 is hereby amended to
reflect judgment in favor of Plaintiff only for the amount of $28,839.00, reflecting the jury’s
verdict for unpaid maintenance, value of sick and annual leave and medical expenses.
2. The Judgment of this Court, entered on February 15, 2006, is hereby amended to

l
Case 1:04-cv-00911-G|\/IS Document 135-2 Filed O2/28/2006 Page 2 of 2
set aside the jury’s verdict of $47,5 00, reflecting compensatory damages for Defendant’s failure ·
to pay maintenance and cure. This Court finds that the jury’s verdict that the Delaware River and
Bay Authority’s refusal to pay maintenance and cure was unreasonable and unsupported by the
legally sufficient evidence presented at trial.
IT IS SO ORDERED this day of , 2006. .
· U.S.D..l.