Kentucky high court won’t review $575,000 award to Rand Paul for neighbor’s attack
The Kentucky Supreme Court has declined to review a decision that upheld damages of nearly $600,000 against the man who tackled Republican U.S. Sen. Rand Paul and broke six of his ribs.
An attorney for Rene Boucher, who pleaded guilty to tackling Paul, had asked the high court to review a decision by the Appeals Court that left the damage award intact.
The Supreme Court declined to take up the case in an order released Thursday.
Boucher, a doctor, lived next door to Paul in an upscale community in Bowling Green in November 2017 when the attack happened.
Boucher said he lost his temper because Paul was making a pile of yard waste close to their property line. He ran down a hill and tackled Paul from behind.
The blow snapped three of Paul’s ribs in two, allowing the ends to grind together.
Paul testified that he experienced intense pain and struggled to breathe after the attack, and has had a number of problems since, including bouts with pneumonia; coughing up blood; surgery to remove part of his scarred lung; and still more surgery to drain infected fluid.
Paul said his lung capacity will likely be reduced the rest of his life, and he has chronic pain.
Paul sued Boucher, and a jury awarded him $200,000 for pain and suffering and $375,000 in punitive damages.
Boucher appealed the awards on several grounds, including that they were excessive.
However, the state Court of Appeals said in a March decision that it was up to the judge who heard the evidence, Tyler Gill, to decide if the damages were excessive.
Gill did not abuse his discretion, the court ruled.
The award for pain and suffering was “not clearly excessive under the evidence,” the Appeals Court said.
The court said the $375,000 in punitive damages also was not clearly excessive.
Boucher was charged in federal court under a law against attacking members of Congress.
He ultimately was sentenced to eight months in prison and six months of home confinement, plus a $10,000 fine.
