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Pierce v. Rhode Island Hospital6/2/2005
ontroversy."
The plaintiff's reliance upon Flynn, 687 A.2d at 440, for the proposition that an arbitrator cannot change his award based on a mistake of law is misplaced. In this case, § 9-21-10(b) clearly governs the amount of statutory interest that should have been added to plaintiff's award. The arbitrator's erroneous award of interest is cognizable as an "evident material miscalculation of figures." Section 10-3-14(a)(1). Given the "conspicuous incongruity" between the initial amount of interest awarded and the proper amount as prescribed by § 9-21-10(b), which was facially apparent in the award, the arbitrator was justified in correcting this "evident material miscalculation" under § 10-3-14 to "promote justice between the parties." See Pier House Inn, Inc., 812 A.2d at 805. Therefore, we hold that the hearing justice was correct in affirming the amended award.
We now turn to the plaintiff's contention that the arbitrator's decision to deny the plaintiff's requested relief for loss of consortium was a manifest disregard of the law. Pier House Inn, Inc., 812 A.2d at 802. To succeed in a loss of consortium claim, the plaintiff must demonstrate through testimony and evidence that he or she incurred some sort of loss. See Jameson v. Hawthorne, 635 A.2d 1167, 1172-73 (R.I. 1994). As the record indicates, the arbitrator considered the consortium claim and rendered a decision based upon his interpretation of the evidence presented to him. The plaintiff admits on appeal that her deposition testimony was not submitted to the arbitrator during the proceedings before him. According to the arbitrator's affidavit, when advised of her claim for loss of consortium, he asked the plaintiff what she remembered of the event, and she answered that she was unable to remember anything. We are unable to discern anything in the record that suggests the level of irrationality that is required for this Court to find that the arbitrator's refusal to award damages for loss of consortium amounted to a manifest disregard of the law. We are satisfied that this was the appropriate decision based on the plaintiff's failure to submit any evidence to prove her claim and, therefore, affirm.
Conclusion
For the reasons stated here, we affirm the judgment of the Superior Court. The record shall be remanded to the Superior Court.
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