Lang v. Bradley

The principal challenge to this tort judgment is the claim that the award of $250,000 for sexual abuse is excessive. Review of this claim of error is not an occasion to see if this Appellate Court would “have acted differently” but only to determine if the Trial Court’s finding of damages represents “an arbitrary determination... or whimsical thinking.” Egan, et al. v. Holderman, et al., 26 Mass. App. Ct. 942, 44 (1988).

We now review the facts and circumstances presented to the trial judge. The defendant’s indecent acts and rape of this child plaintiff were proven by the child’s account and…