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A Greenwich, Conn., attorney has been hit with a $9,240 judgment for filing a vexatious suit against an Oxford, Conn.-based consulting firm hired to monitor blasting done in the immediate vicinity of the lawyer’s home. John T. Loforese, of the Law Offices of John T. Loforese, brought suit in 1997 against D.R.S. Consultants, alleging the company failed to report damage caused by the blasting done near his Greenwich home, which he claimed exceeded federal guidelines. After a trial, judgment was entered in favor of the defendant. The attorney-trial referee who heard the case based his decision on photographs taken by Loforese of alleged damage at his residence. Photos taken before and after the blasting, the attorney-trial referee concluded, showed no change in Loforese’s property. D.R.S. Consultants responded by filing a vexatious suit claim against the attorney. Ruling Nov. 1, Milford Superior Court Judge Referee Hugh C. Curran concluded that Loforese “as a lawyer knew he had no cause of action,” thus inferring malice — a necessary element to prove a vexatious suit claim. The consulting firm, however, missed the opportunity to be awarded treble damages under the state’s vexatious suit statute, Curran ruled, because it failed to make any mention of the statute in its pleadings. Reached at his office, Loforese deferred comment to his attorney, Kevin R. Murphy, of Murphy and Karpie in Bridgeport, Conn. Murphy declined to discuss the case.

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