Money awarded to Dixon estate cut
HEATHER CHAPIN-FOWLER
NORWALK -- Nearly three years after Connre Dixon was fatally stabbed by her foster father, a judge ruled the money awarded by a jury to her estate should be significantly reduced, because there was no evidence she suffered as she bled to death in the Ridgefield Township barn.
Visiting Judge Judith Cross reduced the $600,000 award she be $100,000 and if the Connre's estate isn't satisfied with the reduction, a new trial will be granted, according a judgment entry filed this week in Huron County Common Pleas Court.
"I think we're quite pleased," said Joan Szuberla, the Toledo attorney who represents Huron County officials who were named in the lawsuit.
A jury in March decided the estate should be awarded $600,000 in damages because of the county's negligence in placing Connre with Paul Efaw. Efaw fatally stabbed Connre during an altercation with her in his barn on Oct. 18, 2004.
He was convicted of voluntary manslaughter and is serving a three-year prison sentence.
The Huron County Department of Job and Family Services and former county commissioners Terry Boose and Ardeth Chupp and Commissioner Mike Adelman were named as defendants. Efaw was initially named as a defendant, but the estate later dismissed him from the civil action.
"The court finds that the award of damages is excessive and is against the manifest weight of the evidence in that there was no evidence presented that Connre Dixon was conscious from the time she was first stabbed until she died," the judge wrote.
"While the coroner could and did testify that Connre may have lived five or six minutes; she did not testify to any degree of medical certainty that Connre was conscious and able to feel pain and suffering," the judge wrote.
"Therefore, the award of damages for pain and suffering is not justifiable under the law," she wrote.
The estate asked for $300,000 for the pain and suffering Connre experienced and another $700,000 to compensate her family for the loss of her life. The jury decided on $600,000 instead, with some jurors after the trial saying they had difficulty with the idea of Connre's family receiving the money.
Cross ruled that the "jury lost its way" while making the decision of the compensatory damages.
As for loss of companionship, the judge felt there was little companionship lost based on the evidence presented at the trial.
"Connre's grandfather, who was the only witness to testify on any of the aspects of compensatory damages, did indicate a loss of companionship and society, though it was limited," Cross wrote.
Dale Stover, Connre's grandfather, was "very close" with her and her siblings until 1999 when he requested her parents leave his property because of their drug use and "after that he did not have close contact with Connre," the judgment entry stated.
"While there is evidence that the grandfather did experience some degree of mental anguish; the court finds the $300,000 amount awarded by the jury to be excessive and not supported by the evidence," the judgment entry stated.
Willard attorney Jim Martin, who represents the estate, didn't return calls for comment.