Graham v. Brown

• Decision Date: 23 August 2011
• Citation: 26 A.3d 823,2011 ME 93
• Parties: Sarah GRAHAMv.Shyam BROWN.
• Court: Maine Supreme Court

26 A.3d 823
2011 ME 93

Sarah GRAHAM
v.
Shyam BROWN.

Supreme Judicial Court of Maine.

Submitted on Briefs: June 1, 2011.Decided: Aug. 23, 2011.

[26 A.3d 825]

John Alsop, Esq., Alsop & Mohlar, Skowhegan, ME, for Shyam Brown.Robert E. Sandy, Jr., Esq., Sherman & Sandy, Waterville, ME, for Sarah Graham.Panel: SAUFLEY, C.J., and LEVY, SILVER, MEAD, and JABAR, JJ.LEVY, J.

[¶ 1] Shyam Brown appeals from a default judgment entered in the District Court (Skowhegan, Kelly, J.) awarding Sarah Graham $50,000 in compensatory damages and $5000 in punitive damages for intentional infliction of emotional distress after an entry of default on the issue of liability and a hearing on the issue of damages. Brown contends that (1) the court abused its discretion in declining to set aside the entry of default; (2) the court erred in entering the default judgment because the evidence did not support, and the court did not expressly find, each element of the tort of intentional infliction of emotional distress; and (3) the damages awarded were excessive and not supported by the evidence. We affirm the judgment.

I. BACKGROUND

[¶ 2] The following facts, found by the court, are supported by competent evidence in the record. See Degenhardt v. EWE Ltd. P'ship, 2011 ME 23, ¶ 2, 13 A.3d 790, 792.

[¶ 3] Graham and Brown began cohabiting in April 2003. From April 2004 ¹ until the couple separated in July 2006, Brown committed frequent acts of physical and emotional abuse against Graham. The acts committed included throwing her across a room so that she fell on her face and jaw, and nearly fell twelve feet into a basement; aggressively pulling Graham out of her truck, causing bruising on her arm; striking her hand with a drum stick, injuring her hand when he knew that she was studying to become a massage therapist and would need the use of her hands; refusing Graham assistance when she developed a uterine infection after an abortion, and telling her that she deserved to die; refusing her assistance after she had a miscarriage and telling her that she deserved the miscarriage and deserved to bleed to death; shoving Graham backwards into a cement step, resulting in injuries to her back and spine; on multiple occasions, hitting, slapping, or head-butting Graham during arguments; on several occasions, punishing her young son in front of her by covering his mouth so that he could not breathe; on several occasions, emptying onto the driveway potted plants that Brown knew were important to Graham; and throwing Graham's cat against a chimney because it annoyed him.

[¶ 4] In 2005, Graham sought treatment from a psychotherapist for her emotional

[26 A.3d 826]

distress. The therapist diagnosed Graham as suffering from post-traumatic stress disorder, anxiety disorder, depression, and insomnia, all resulting from Brown's actions. Although Graham is licensed as a massage therapist, her emotional condition has prevented her from engaging in that work and she has instead worked for less pay as a retail clerk.

[¶ 5] On April 8, 2010, Graham caused Brown to be served in hand with a summons and complaint alleging physical, emotional, and mental abuse, and seeking compensatory and punitive damages. Brown did not file an answer. On May 7, the clerk of the court entered a default against Brown. See M.R. Civ. P. 55(a). The court subsequently held a hearing on damages, at which Brown appeared and participated without counsel. See M.R. Civ. P. 55(b)(2).

[¶ 6] At the outset of the damages hearing, the court explained to Brown that the issue of liability had already been determined against him because he did not respond to the complaint.² Brown stated that he did not respond to the complaint because he “thought...