Earlier in the proceedings, LaMountain’s attorney, Erin O’Neil Baker, missed a deadline. Consequently the DEP requested a default judgment on liability in the case which was granted. The mishap of LaMountain’s attorney effectuated the default judgment on liability as a matter of procedural law.
During the evidentiary hearing judge Ford based his decision on the default judgment which declared LaMountain as liable. The Holland Blog reported about the incident in the piece, What really happened...
The town will have to pay the liability insurance company MIIA their self-deductible for defending against the lawsuit. The cost is in the neighborhood of $10,000 a pop.
If my count is correct, this is the seventh suit filed in Federal Court against town officials since Stacy Quinones filed the first complaint against the town in Federal Court back in 2002. I can not imagine what the constant filing of lawsuits does to the insurance premium MIIA charges the town..
Click on any of the bold/italic typed terms to see the document, Exhibit 1 (6.21MB), Exhibit 2 (4.29MB), Exhibit 3 (2.37MB), Exhibit 4 (1.44MB), Exhibit 5 (6.29MB), Exhibit 6 (388KB), Exhibit 7 (450KB), Exhibit 8A (283KB), Exhibit 8C (2.08MB), Exhibit 9 (2.61MB), Exhibit 10 (414KB).
To see the entry on the Pacer webpage, click here!
December 9, 2009, Peter Frei