State v. Nichols

“A person who through the tort of another has been required to act in the protection of his interests by bringing or defending an action against a third person is entitled to recover compensation for the reasonably necessary loss of time.” Restatement § 914.

Defendant appealed a judgment that imposed restitution for the victim’s lost wages after attending two voluntary pretrial hearings, and one sentencing hearing. Defendant assigned error to the imposition of restitution for the voluntary pretrial hearings and argued that lost wages from those proceedings were not “economic damages” in the way that lost wages for a compelled subpoena appearance would be. The State argued that because the victim had a constitutional right to produce a victim statement at sentencing, the victim’s voluntary appearance was necessary in case Defendant entered into a guilty plea. “A person who through the tort of another has been required to act in the protection of his interests by bringing or defending an action against a third person is entitled to recover compensation for the reasonably necessary loss of time.”  Restatement § 914. The Court held that because the court in Ramos relied on Restatement § 914, the application of the “reasonably necessary” standard was appropriate. The victim did not reasonably need to attend the two pretrial hearings because even though she had a constitutional right to a victim statement, the court could have deferred to another date if Defendant did enter into a guilty plea. Reversed in part, remanded for resentencing, otherwise affirmed.