Jennifer Roussel v. Sheldon Ashby
2015 ME 43
| Me. | 2015Background
- Roussel paid $2,000 toward a $2,100 security deposit for an apartment with Ashby in June 2008; no lease was signed pending checking references.
- Roussel had a Section 8 voucher that was near expiration, and Ashby could not guarantee the unit would be ready for the voucher’s inspection.
- Roussel sought refund of the security deposit after Ashby could not guarantee timely readiness and she found an alternate apartment.
- Roussel and Ashby separately pursued small claims actions; District Court dismissed those actions without prejudice for Superior Court adjudication.
- Ashby did not respond to service attempts; service by publication was completed July 19, 2012; Ashby defaulted January 23, 2013; damages hearing held April 3, 2013 with Ashby absent.
- Judgment for Roussel awarded $24,628.34 (compensatory damages and attorney fees); punitive damages of $75,000 were not awarded; Ashby’s motion to set aside the default was denied; Roussel appealed and Ashby cross-appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Punitive damages were or were not warranted | Roussel argues malice supports punitive damages. | Ashby contends no malice proven; conduct not outrageous. | No punitive damages awarded; insufficient evidence of clear and convincing malice. |
| Attorney fees awarded were proper in amount | Roussel sought additional fees incurred defending Ashby’s default motion. | Ashby argues original award was sufficient; no need for more fees. | Court did not abuse discretion; awarded only initial fees; additional time not warranted. |
| Motion to set aside default denied | Not applicable; Ashby appealing denial. | Ashby contends good cause to set aside default. | No abuse of discretion; Ashby had notice and avoided service; no good excuse for untimely appearance. |
Key Cases Cited
- Laux v. Harrington, 2012 ME 18 (Me. 2012) (standard for punitive damages existence of malice or outrageous conduct)
- Kleinschmidt v. Morrow, 642 A.2d 161 (Me. 1994) (clear showing required to compel malice finding)
- Ireland v. Carpenter, 2005 ME 98 (Me. 2005) (review of denial of motion to set aside default; prejudice standard)
- Levine v. KeyBank Nat’l Ass’n, 2004 ME 131 (Me. 2004) (deference to trial court’s factual and credibility judgments on default issues)
- Town of China v. Althenn, 2013 ME 107 (Me. 2013) (broad discretion in attorney fees; consider prior awards)
- Saucier v. Allstate Ins. Co., 742 A.2d 482 (Me. 1999) (attorney fee awards within trial court’s discretion)
- Poussard v. Commercial Credit Plan, Inc. of Lewiston, 479 A.2d 881 (Me. 1984) (standard for attorney fees and related remedies)