After a jury awarded Ray $300,000 in compensatory damages based on "intentional infliction of emotional distress," a Suffolk County Supreme Court Judge granted the defendant's motion to set aside the verdict unless Ray agreed to accept the reduced sum of $50,000.
On appeal, the Appellate Division, Second Department, further reduced the award to $25,000.
According to the AD2, Eves's actions -- which included multiple attempts to intimidate Ray by stalking him and threatening him with physical and financial harm -- were sufficiently "extreme and outrageous" so as to constitute intentional infliction of emotional distress. And even though this conduct persisted after Ray obtained a temporary order of protection against Eves, the AD2 still thought that $50,000 was "excessive" under the given circumstances.
According to the Stalking Resource Center of the National Center for Victims of Crime , " stalking " -- a course of conduct intended to induce fear in another -- is widely recognized as a form of violence which can have significant emotional and economic impact on a victim. Here are just a few of the pertinent stats:
- more than 8 million women (8 percent) and 2 million men (2 percent) will be stalked at some point during their lives;
- the conduct lasts, on average, nearly two years; and
- 25 percent of victims lose time from work dealing with the problem.
In view of these facts and figures, doesn't a $25,000 recovery strike you as a bit low?
To download a copy of the Appellate Division's decision, please use this link: Eves v. Ray