Moores ordered to pay $15M in civil case

SANDPOINT — A former Bonners Ferry chiropractor and his wife must pay the bereaved family of Brian Drake more than $15 million after a First District Court judge earlier ruled they were civilly liable for damages in the man's death. 

First District Judge Susie Jensen issued the ruling Thursday, nine days after a hearing to determine how much Daniel L. Moore and his wife, Karen, must pay Drake’s family after a summary judgment ruling that found them civilly liable in the case. 

Drake was shot and killed March 12, 2020, while working late at his Bonners Ferry office. Moore was eventually charged with second-degree murder in connection to the case, which was ultimately thrown out after court rulings that found his Miranda rights had been violated. 

During the criminal case, Moore’s defense claimed that he was coerced into confessing to Drake’s murder. However, an Idaho Supreme Court ruling in the case found the confession was not coerced. 

In asking for damages, Drake’s widow, Jennifer, said the murder has had a deep and profound impact on her family, both emotionally and financially. 

“I do hope that you see all the damage that he has brought to our family. And it is not just this family, it is the community at large. And I know that's not part of this ruling, but the truth is, he did it, and the evidence shows the damage that he's brought to our family,” she testified Jan. 29. “No price tag can be put on the life of my husband and the father of my children. I remember that. But if this is the only justice that we will ever see, I hope it's not. But if it is, I ask that you just take that all into account.”  

In the ruling, the Moores were ordered to pay $15 million in damages on four counts of liability claims, with each claim amount stemming from testimony, evidence and statements made by Daniel Moore submitted into evidence at the Jan. 29 hearing.  

Inapplicability of limitation on the award of non-economic damages  

Jensen agreed with evidence submitted at the hearing, saying that it proved Daniel Moore’s actions were reckless and malicious. The limitation of awards of non-economic damages don’t apply to actions caused out of reckless behavior. As a result, the non-economic damages available to the Drake family was not limited to the original cap of $490,512.  

Wrongful death 

According to Jensen in court documents, Moore directly caused Drake’s death, causing harm to Jennifer Drake and their four children.  

“While some damages, such as funeral costs or loss of future financial support, can be calculated using receipts, statistics, and actuarial values, it is much harder to assign a monetary value to the more intangible loss suffered by the Drake family,” Jensen wrote in her ruling. 

Jensen ruled the reasonable cost for Drake’s funeral as $6,655. 

All members of the Drake family testified at the Jan. 29 hearing, noting the key role Brian Drake had in their lives and what they had lost because of his death. Jensen found cause for damages for wrongful death, ruling that Jennifer Drake should receive $1 million and each of the couple’s four children should receive $500,000, for a total of $3 million.  

The loss of financial support was also evaluated when deciding the compensation amount for Drake’s wrongful death. The court documents shared that this was calculated by the financial support that Drake would have provided his family in the future. Jensen ruled the total loss as $1,874,563.  

Total wrongful death damages amounted to $4,881,218.  

Intentional infliction of emotional distress 

According to Idaho law, four requirements are necessary to establish a claim of intentional infliction of emotional distress: conduct must be intentional, conduct must be outrageous, there must be a connection between the wrongful conduct and emotional distress and the emotional stress must be severe.  

Evidence and statements made by Daniel Moore concluded that he maliciously fired gunshots at Drake’s office near Drake, ultimately inflicting harm on Jennifer Drake. These actions, according to court documents and testimonies, led to Drake’s feelings of extreme emotional distress due to the loss of her husband. 

Jensen ruled the financial compensation for Jennifer Drake’s emotional distress in the amount of $500,000.  

Punitive damages 

Punitive damages are determined when “the claimant must prove, by clear and convincing evidence, oppressive, fraudulent malicious or outrageous conduct by the party against whom the claim for punitive damages is asserted,” Idaho Code§ 6-1604(1). According to court documents, Moore’s actions were willful under the circumstance that Drake would succumb injuries or death due to Moore’s actions.  

“The conduct evinced a reckless disregard of the health or safety of others, was the result of intentional malice, and was not an accident,” court documents said. Jensen ruled that punitive damages, as a direct correlation of Moore’s actions, amounted to $10 million.