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GILLIKIN v. U.S.

United States District Court, Eastern District of New York


May 24, 1991

CHARLES GILLIKIN, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: Platt, Chief Judge.

MEMORANDUM AND ORDER

By Memorandum and Order dated February 25, 1991, this Court refused to limit plaintiff's claim for maintenance to the amount specified in the collective bargaining agreement negotiated by his union. Because, however, there was no evidence in the record regarding plaintiff's actual expenditures for food and lodging, it directed the plaintiff to submit an affidavit documenting his expenditures in each of these categories during the relevant period. Plaintiff has since submitted that affidavit. The defendant has submitted a response and the plaintiff a reply. Having reviewed the submissions, this Court now finds that the appropriate rate of maintenance in this case is $15.18 per day.

Plaintiff's Claimed Expenses

The expenses for which the plaintiff seeks reimbursement and the method which he used to compute them are set forth in his affidavit and the accompanying affidavit of his attorney. They are as follows.

During the period of his recovery, plaintiff lived at his home in Virginia Beach, Va. with his wife. His affidavit lists the following actual expenses, computed on an annual basis:

 Expense               Annual Rate    Daily Rate*fn1
 -------               -----------    ---------------

 Food                     $8528         $23.36
 Fuel Oil                 $925         $2.53
 Virginia Power           $690         $1.89
 Telephone                $314         $.86
 Home Owner's Ins.        $141         $.39
 Real Estate Taxes        $794         $2.17


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