Sablosky v. Ouellette
A court can grant a prejudgment remedy application if, taking into account defenses, countervailing claims, set offs, exemptions, and insurance, probable cause exists that judgment will be issued to the applicant. The plaintiff, individually and as executrix of her husband's estate, alleged that the defendant, Albert Ouellete, was driving a van and collided with the plaintiff's decedent, who was driving a motorcycle. The plaintiff requested a prejudgment remedy of $2 million for wrongful death. The defendant denied that he was negligent and argued that the plaintiff's decedent was contributorily negligent, because he suffered from chronic obstructive pulmonary disease and failed to wear a helmet. The defendant did not argue that a helmet would have made the plaintiff's decedent more conspicuous or enhanced the ability of the plaintiff's decedent to operate the motorcycle. The plaintiff established probable cause that she will prevail on the merits and prove that the defendant failed to keep a proper lookout and to make a safe turn. Considering the age, health and lifestyle of the plaintiff's decedent, who occasionally used an oxygen tank, the court granted the plaintiff's request for a prejudgment remedy in the amount of $750,000.