UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

John A. Baldi

v. Civil No. 04-cv-466-PB

John T. Broderick, Jr., et al.

REPORT AND RECOMMENDATION

 Judge Barbadoro granted defendants’ Motion for Default

Judgment. A default or entry of fault establishes liability, but

does not fix the amount of damages. As a consequence, the matter

was referred to me for an evidentiary hearing and a Report and

Recommendation. 

Background

DAMAGES STANDARDS

The Browns’ counterclaims each contain four causes of

action: 

Count I - Abuse of Process;

Count II - Intentional Infliction of Emotional

Distress; and

Count III - Negligent Infliction of Emotional Distress.

Count IV - Harassment and Invasion of Privacy. 

Each count is based upon New Hampshire common law. The damages

recoverable under each claim are set forth below. 

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1. Damages provable for abuse of process include: 

(a) the harm normally resulting from any arrest or

imprisonment, or any dispossession or interference

with the advantageous use of his land, chattels or

other things, suffered by him during the course of

the proceedings, and 

(b) the harm to his reputation by any defamatory

matter alleged as the basis of the proceedings,

and

(c) the expense that he has reasonably incurred in

defending himself against the proceedings, and

(d) any specific pecuniary loss that has resulted from

the proceedings, and

(e) any emotional distress that is caused by the

proceedings. 

Restatement (Second) of Torts § 681. 

2. Damages for negligent infliction of mental distress

require: 

(a) emotional harm that is “a significant, painful,

mental experience with lasting effects”. 

O’Donnell v. HCA Health Services of New Hampshire,

Inc., 152 N.H. 608, 611, 883 A.2d 319, 324 (2005); 

(b) “(D)emonstrated physical symptoms of . . .

distress regardless of physical impact.” Id.; and

(c) “(E)xpert testimony is required to prove physical

symptoms suffered from alleged negligent

infliction of emotional distress.” Silva v.

Warden, N.H. State Prison, 150 N.H. 372, 374, 839

A.2d 4, 6 (2003). 

3. On the other hand, damages for intentional infliction

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of emotional distress “are recoverable without the necessity of

showing actual physical injury or offering expert testimony

. . . .” Id. The compensable emotional distress for this tort

must be severe emotional distress. Morancy v. Morancy, 134 N.H.

493, 496, 593 A.2d 1158, 1160 (1965). Severe emotional distress

can include fright, shock, horror, grief, shame, humiliation,

embarrassment, anger, chagrin, disappointment, worry,

apprehension, anxiety, mortification, nervousness, and terror. 

It can create mental disorders and physical manifestations like

crying, sleeplessness, headaches and nausea. It may interfere

with normal relationships and interfere with daily functions. 

See 43 Am. Jur. Proof of Facts 2d, Emotional Distress §§ 16-17. 

The key is that it must be severe, not garden variety, emotional

distress. 

4. Damages for invasion of privacy include damages for: 

(a) the harm to his interest in privacy resulting from

the invasion; 

(b) his mental distress proved to have been suffered

if it is of a kind that normally results from such

an invasion; and

(c) special damage of which the invasion is a legal

cause. 

Restatement (Second) of Torts § 652H. Humiliation actually

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suffered is specifically included where it normally results from

the invasion. Id., Comment b. 

FACTS

Mr. and Mrs. Brown have been married for over forty years. 

During their marriage Mr. Brown has always done septic and other

excavation/grader type work. He has his own corporation. Mrs.

Brown keeps the books of the business and has been employed for

many years by the New Hampshire Senate. The Browns lead a quiet

life and mind their own business. 

In 2001, Baldi was engaged in one of his numerous suits in

this court; in particular, a suit against the Town of Epsom

relative to culvert work on Center Hill Road. Town counsel

obtained an affidavit from Mr. Brown in connection with a motion

filed in the case. The suit was dismissed in this court, but it

was immediately renewed in state court by Baldi. The Browns’

hell began as Baldi now included Mr. Brown as one of the

defendants simply because he had provided an affidavit to

counsel. Judge Fitzgerald of the Merrimack Superior Court

dismissed the case against Brown, found it was a groundless suit

filed with the intent to harass, and awarded Mr. Brown $9,000.00

in legal fees against Mr. Baldi. 

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Baldi is a law school graduate but is an unsuccessful

applicant to the Massachusetts Bar. Undeterred by his legal

education, the force of Judge Fitzgerald’s sanction, or good

sense, Baldi appealed to the New Hampshire Supreme Court - and

lost. That only whetted his appetite for more litigation. Baldi

then proceeded to sue Mr. Brown in four suits in this court: 

03-cv-96-PB, 04-cv-206-SM, 04-cv-466-PB and 07-cv-024-SM. He

included Mrs. Brown on wholly frivolous grounds in the latter

three suits. When he was forbidden to file any further suits

here, he brought a suit in Catherine Baldi’s name - 03-cv-342-PB

which was a virtual copy of one of his dismissed suits. Baldi

has been wholly unsuccessful in every suit. 

Baldi’s suit for $1.5 million dollars adversely affected Mr.

Brown’s bonding capacity and impacted his business and personal

credit. Baldi made erroneous but intentionally harmful

allegations to state regulatory authorities, which impacted Mr.

Brown before state regulators. He has falsely accused Mr. Brown

of crime and sought to have him arrested. Baldi appears to be on

a twisted frolic, subjecting the Browns to five years of one

frivolous suit after another. 

Baldi has filed frivolous suit after frivolous suit in this

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1Attached is a list from this court.

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court and in state courts.1 After the defaults entered in this

case, he had the temerity to sue the Browns over the

counterclaims - see 07-cv-024-SM. The frivolous nature of his

suits is further demonstrated by his suits against all the state

judges he appeared before and the 18-20 town officials he has

sued numerous times. 

The problems and damages caused to the Browns by this

misguided and uncaring litigant cannot be overstated. The damage

and destruction Baldi brought into the lives of the Browns was

evident in their testimony. Baldi’s lack of remorse was just as

evident. 

LEGAL FEES

Exhibit J, as corrected, details the legal fees incurred by

defendant-counterclaim defendants. The fees totaled $31,213.02

less the $9,075.00 awarded and paid previously, leaving a net of

$22,138.02. The amount is very reasonable considering the number

of suits, the vexatious nature of them, and the modest hourly

rates charged and the efficiency and proficiency of counsel. I

recommend that Ronald and Gail Brown be jointly awarded

$22,138.02 in legal fees. 

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OTHER DAMAGES

Since the Browns did not provide expert testimony as to

their emotional harm and physical symptoms, no award is

recommended for the negligent infliction of mental distress. 

However, the evidence of emotional distress, harm to their

privacy interests and damage to reputation under the other three

counts of their counterclaims is compensable. 

The unrelenting and vexatious litigation tactics of Baldi

have severely damaged the emotional and physical well being of

Mr. Brown. Brown is a quiet, reserved man with a reading

disability. He is a septic installer and site work operator,

dependent upon his New Hampshire license which Baldi’s litigation

tactics affected. Simply because he provided an affidavit in a

case Baldi had against a town, Baldi sued Mr. and Mrs. Brown

multiple times on frivolous grounds alleging $1,500,000.00 in

damages. Baldi also filed complaints against him with state

agencies and tried to have the Browns and their attorney arrested

by the United States Attorney. The suits covered all but four

months of a five year span. 

Mr. Brown’s blood pressure soared. His anxiety level rose. 

He had problems sleeping. He became fearful and depressed. His

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health deteriorated. His untarnished record before the

Department of Environmental Services was blemished. The Baldi

suits and charges spread throughout the town and caused people to

talk about the Browns and inquire of them about Baldi’s claims. 

The suits resulted in the denial of bank credit to Mr. Brown and

impacted his bonding for construction. Mr. Brown has had a heart

attack, which required in excess of $15,000.00 in medical and

drug treatment. He has been greatly embarrassed and devastated

by Baldi’s action revealing his inability to read and by

allegations of illegality. Since no medical evidence ties the

bills directly to Mr. Brown’s emotional distress, I do not

recommend payment of them as damages. They do, however, buttress

Mr. and Mrs. Brown’s testimony as to the impact on him. 

The cold record cannot fully reflect the adverse impact on

the emotional well-being of the Browns. As a fact finder

assessing their words and demeanor, I find them both fully

credible. I recommend that Mr. Brown be awarded the sum of

$135,000.00 for his humiliation, embarrassment, shame, anxiety,

depression, sleeplessness, fright and emotional and mental

distress. 

Mrs. Brown, a secretary at the New Hampshire Senate, is also

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a quiet, private person who was pursued at work by Baldi for

deliveries and service of process. She lost time from work. She

was humiliated and stressed by outrageous questioning about her

sex life by Baldi at a deposition. She too has offered evidence

of her stress and has been treated for stress. She developed

colitis. She became fearful, tense and distraught. Her

enjoyment of life was destroyed for five years as first her

husband, then she, were both irresponsibly sued. Baldi’s

distorted view of the law and facts resulted in an intentional

pattern of frivolous allegations, claims and lawsuits against

Mrs. Brown which gave her great stress, destroyed her privacy and

emotionally harmed her. She had done nothing to justify such

intentional and irresponsible harassment. I recommend that Mrs.

Brown be awarded the sum of $85,000.00 for her humiliation,

embarrassment, shame, anxiety, depression, fright and emotional

and mental distress. 

It is hard to overstate the callousness, viciousness and

frivolity of Baldi’s litigious attack on Mr. and Mrs. Brown. I

recommend, in summary, that the following damages be awarded: 

Mr. Brown $135,000.00

Mrs. Brown: 85,000.00

Mr. & Mrs. Brown Legal Fees: 22,138.02

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Together with interest and costs. 

Any objections to this report and recommendation must be

filed within ten (10) days of receipt of this notice. Failure to

file objections within the specified time waives the right to

appeal the district court’s order. See Unauthorized Practice of

Law Comm. v. Gordon, 979 F.2d 11, 13-14 (1st Cir. 1992);

United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986). 

_________________________________

James R. Muirhead

United States Magistrate Judge

Date: June 21, 2007

cc: John A. Baldi, pro se

 Brian J.S. Cullen, Esq.

 John A. Curran, Esq.

 Daniel J. Mullen, Esq.

 Charles A. Russell, Esq.

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