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Bell v. Todd9/14/2005
600, 616, 109 S.Ct. 2657, 2666 (1989). While these cases involved sequestered property acquired by the defendants through the very criminal enterprises for which they were on trial, the principle applies to property that has not been obtained as a result of criminal activity. R.G. v. Hall, 640 N.E.2d 492, 494 (Mass. App. Ct. 1994). However, in civil proceedings, a defendant's assets should be tied up no more than the realistic prospects of the plaintiff's recovery. Even an "unsavory" defendant is harmed more than necessary by encumbering far more assets than are at stake in the underlying litigation. Hoxworth v. Blinder, Robinson & Co., 903 F.2d 186, 198 (3d Cir. 1990). Courts considering a defendant's request to release sequestered funds to pay for legal representation should consider the amount of assets sequestered in light of the amount that the plaintiffs may reasonably recover. See, e.g., Bank of Crete v. Koskotas, No. 88 CIV.8412, 1988 WL 140877, at *4-5 (S.D.N.Y. Dec. 19, 1988) (comparing the amount to be sequestered with the extent of the plaintiff's damages and the plaintiff's likelihood of success); R.G. v. Hall, 640 N.E.2d at 494-95 (directing the trial court to consider the amount to be sequestered with amount that the plaintiffs may reasonably recover).
The Bell family has filed a wrongful death action against Mr. Todd seeking compensatory and punitive damages stemming from the death of Jeffrey Bell. Mr. Bell was forty-one years old when he was murdered. Damages in cases of this sort consist of the pecuniary value of the decedent's life, Hunter v. Ura, 163 S.W.3d 686, 705 (Tenn. 2005), which may include a parent's loss of consortium claim. Hancock v. Chattanooga-Hamilton County Hosp., 54 S.W.3d 234, 236-37 (Tenn. 2001). There is no question that the pecuniary value of Mr. Bell's life exceeds the value of Mr. Todd's house and property. Accordingly, based on the record before us, no factual or legal justification exists for releasing any portion of Mr. Todd's assets or property.
IV.
We vacate the judgment awarding the Bell family $600,000 in compensatory damages and $80,000 in punitive damages against Mr. Bell and remand the case to the trial court for further proceedings consistent with this opinion. We tax the costs of this appeal in equal proportions to Roger Todd and jointly and severally to Eleanor Bell, Rena Bell, Clay Bell, and Ricky Bell for which execution, if necessary, may issue.
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