DocketNumber: No. CV93 0132647 S
Citation Numbers: 1998 Conn. Super. Ct. 11096, 22 Conn. L. Rptr. 613
Judges: HICKEY, J.
Filed Date: 9/29/1998
Status: Non-Precedential
Modified Date: 7/5/2016
This action arose from a May 20, 1991 accident involving two automobiles. The plaintiff alleged that the defendants' vehicle, which was owned by defendant George Baker and operated by defendant Susan Baker, "crashed into the rear of the [plaintiff's] vehicle . . . with great force and violence and caused the Plaintiff, Teresa Jacobsen, to be thrown about the interior of the vehicle [causing the plaintiff to sustain injuries.]" (Plaintiff's Amended Complaint, p. 2.)
On April 22, 1998, the jury returned a verdict for the plaintiff in the amount of $2,411.20. The jury found that the plaintiff should be awarded $2,411.20 as economic damages and zero as non-economic damages. (Plaintiff's Verdict.)
On April 27, 1998, the plaintiff filed a motion to set aside the verdict as to damages only and for additur. The plaintiff argues that the damages awarded are "inadequate, contrary to law and contrary to the evidence." (Plaintiff's Motion to Set Aside Verdict as to Damages Only and for Additur, p. 1.) The defendants filed their objection on May 18, 1998. Each party has submitted memoranda of law in support of their respective positions.
Pursuant to the Connecticut General Statutes §
Connecticut has consistently accorded great deference to a jury's award of damages. "Litigants have a constitutional right to have factual issues determined by the jury. This right embraces the determination of damages when there is room for a reasonable difference of opinion among fair-minded persons as to the amount that should be awarded. . . . The amount of a damage award is a matter peculiarly within the province of the trier of fact, in this case, the jury." (Citation omitted; internal quotation marks omitted.) Childs v. Bainer,
"Undoubtedly, it is the duty of the trial court to set aside the verdict when it finds that it does manifest injustice, and is . . . palpably against the evidence . . ." (Citation omitted; internal quotation marks omitted.) Parasco v. Aetna Casualty andSurety Co.,
"The only practical test to apply to a verdict is whether the award of damages falls somewhere within the necessarily uncertain limits of fair and reasonable compensation in the particular case, or whether the verdict so shocks the sense of justice as to compel the conclusion that the jury were influenced by partiality, mistake or corruption. . . . In reviewing this issue, our sole responsibility is to decide whether, on the evidence presented, the jury could fairly have reached the conclusion it did." (Citation omitted; internal quotation marks omitted.)Childs v. Bainer, supra,
The Supreme Court of Connecticut held that when ruling on a motion for additur three things are to be considered. "We have previously explored the parameters of a trial court's discretion in ruling on a motion for additur. We have considered whether: (1) the jury award "shocks the conscience"; . . . (2) the plaintiff, who has proved substantial injuries, is awarded inadequate damages; . . . and (3) the verdict is "inherently ambiguous." (Citations omitted.) Childs v. Bainer, supra,
The plaintiff argues that the jury's verdict is inadequate because it did not award any noneconomic damages. However, "[a] fact finder is not required to award noneconomic damages simply because economic damages are awarded." Parasco v. Aetna Casualtyand Surety Co., supra,
"As a general rule, it is manifestly unjust for the jury to fail to award damages for pain and suffering when it awards special damages." Creem v. Cicero,
The superior courts of this state have held that when the amount "specifically denominated as `economic damages' on the verdict form is virtually identical to the [amount] claimed by the plaintiff . . . [then it is] `abundantly clear that the jury found the plaintiff's injuries were in fact caused by the negligence of the defendant, and that the plaintiff was entitled to more than nominal damages.'" Gladu v. Sousa, supra, 21 CONN. L. RPTR. 308, quoting Jeffries v. Johnson,
When the full amount requested was awarded as economic damages, "it is inconsistent for the jury to believe the plaintiff as to her economic damages and to totally disbelieve the evidence she presented as to noneconomic damages. If the jury believes she was injured so as to require treatment and incur medical bills, it was inconsistent to find that these same injuries did not cause any pain or suffering and award no noneconomic damages." Horan v. Seigel, Superior Court, judicial district of New London, Docket No. 534152 (May 1, 1997, Hurley,J.) (19 CONN. L. RPTR. 418).
The decision to deny a motion for additur is a matter of judicial discretion. Childs v. Bainer, supra,
Where the extent, nature and duration of the plaintiff's injuries are in dispute and "hotly contested . . . the existence of conflicting evidence limits the court's authority to overturn a jury's verdict." Childs v. Bainer, supra,
The court finds, based on the testimony and evidence presented at trial, that the amount awarded as economic damages was different from the amount claimed, that the issues were hotly contested and disputed, that some testimony and/or witnesses were more credible than others, the jury's verdict and award should stand, and the motion to set aside the verdict and for additur are denied, as the award is adequate and consistent with the law and evidence.
The court finds that the damages awarded to the plaintiff were adequate and consistent with both the law and the evidence, and the plaintiff's motion to set aside the verdict and for additur are denied, and the defendant's objection is sustained.
HICKEY, J.