DocketNumber: No. 53186
Citation Numbers: 1992 Conn. Super. Ct. 5431, 7 Conn. Super. Ct. 881
Judges: <footnote_body>[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]</footnote_body> PICKETT, JUDGE
Filed Date: 6/8/1992
Status: Non-Precedential
Modified Date: 4/17/2021
On March 4, 1992, the plaintiff, Ronald Scribner obtained a plaintiff's verdict against the defendant, Christian T. Ostner in the amount of $25,906.00 including $5,132.00 economic damages and $20,774.00 non-economic damages. The defendant has moved to set aside the verdict on the grounds that it is against the facts, law and excessive. In addition, the defendant relies on the failure of the court to charge on apportionment pursuant to General Statute
On May 20, 1988, the plaintiff claimed to have been injured on route 84 when his vehicle was struck in the rear by the defendant and immediately thereafter struck again when the defendant was hit in the rear by the Paul vehicle. As a result of the accident, the plaintiff, age 37, with a life expectancy of 43 years, claimed injuries including acute traumatic cervical and dorsal sprain with accompanying radiculitis; myositis and muscle spasm; misalignments of the first, fifth and sixth cervicals; loss of cervical curvature; loss of sensation at C-5, C-6 and C-7; pain upon pressure over third, fourth and fifth cervicals; headaches; loss of sleep; pain in the neck, upper back scapulas and left arm; tenderness over the para vertebrae muscles and trapezius muscle; exacerbation of degenerative disc disease at C-5 and C-6; diminished range of motion of the cervical spine; shock and trauma to his entire nervous system; and permanent partial disability of 5-10% CT Page 5432 of cervical spine. Special damages of $5,194.98 were offered in evidence including Dr. Race, $2,350.00, Dr. Viola, $270.00 and lost wages of $2,574.98.
The original complaint returned May 22, 1990 named Donald A. Paul and the James V. Orsini Company, Inc. as defendants. The case was withdrawn as to these defendants on June 12, 1990 upon the payment of $15,000.00. Mr. Paul, a New York resident did not testify in the case although the original complaint was offered in evidence.
I.
Mr. Ostner filed a special defense under General Statutes
The court rejected this request on the ground that there was insufficient evidence before the jury for it to assess the percentage of negligence attributable to Mr. Paul. While there was evidence of a second impact, there was no evidence of his speed, control or lookout. The burden was upon Mr. Ostner to establish his special defense by a fair preponderance of the evidence. Atlantic Richfield Co. v. Canaan Oil Co.,
II.
The defendant claims that any compensation in excess of the jury's verdict is excessive as a matter of law and therefore the court must order a remittitur of $15,000.00. In Peck v. Jacquemin,
Although this court has some difficulty in reconciling the holding in Alfano and Gionfriddo, it is of the opinion that the determination of excessiveness is governed by Peck, supra. Accordingly, the court must determine whether the verdict of $25,906.00 when added to $15,000.00 already received is excessive as a matter of law. Applying this standard, the court finds that a total compensation for the plaintiff's injuries of $40,906.00 to be excessive and that therefore a remittitur of $5,000 is required.
The jury was charged to award fair, just and reasonable damages to the injuries sustained. It found those damages to be $25,906.00. As pointed out by Justice Shea in his concurring opinion in Peck v. Jacquemin at page 76, the construction of section
This case presents such an anomaly inasmuch as this plaintiff will receive, if the remittitur is accepted $35,904.00 in a case where the jury found just damages to be $25,904.00. For the reasons set forth, the motion to set aside the verdict is granted unless the plaintiff within ten days files a remittitur of $5,000.00.