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February 24, 2006

Swain jury signals verdict is imminent

PROVIDENCE -- The jury deciding the wrongful-death lawsuit against Jamestown resident David Swain asked the judge a question this morning that indicates it may have already reached a verdict in the case.

Jurors late this morning asked Superior Court Judge Patricia Hurst whether a formula exists for determining punitive damages.

The jurors nodded at Hurst when she told them that she assumed their question meant they had reached a verdict on the major question at issue in the trial -- whether Swain is liable for his wife's death while diving off the island of Tortola in 1999.

She then told the jurors that there is no formula, but they could consider punishment and deterrence in deciding damages.

The jurors later told Hurst they did not want sandwiches brought in because they expected to have their decision by 12:30 p.m. They began their deliberations yesterday afternoon.

Swain's former in-laws have sued him for wrongful death in the March 1999 death of their daughter, Shelley Tyre.

-- Journal staff writer Tom Mooney.

Posted by Jack Perry  at 11:41 AM | Permalink