DocketNumber: No. CV94 031 27 07S
Citation Numbers: 2001 Conn. Super. Ct. 17099
Judges: MOTTOLESE, JUDGE. CT Page 17100
Filed Date: 12/19/2001
Status: Non-Precedential
Modified Date: 4/18/2021
These claims were thoroughly analyzed and adjudicated at the gatekeeper hearing held pursuant to defendants' motion to preclude the testimony of Dr. Robert Peroni. No useful purpose would be served by further explication.
Grounds (3), (4) and (5). The court does not agree. The evidence viewed in a light most favorable to the plaintiff reasonably supports the jury verdict on these points. Campbell v. Gould,
Grounds (6) and (11) These claims involve the issue of whether, in a wrongful death case, expert testimony is a prerequisite to jury consideration of loss of earning capacity, or in this case, loss of future disability income payments. At trial, the court heard argument on both sides of the issue and determined that no Connecticut case has ever required expert testimony to support such an award. See, Kinry v. DanburyHospital,
Moreover, a simple mathematical exercise shows that the jury did not disregard the court's instruction concerning a discount for taxes, interest and living expenses. In fact, the jury discounted the award of economic damages by $13,612.48. Using the figures from the defendants' memorandum of law, it appears that economic damages were arrived at by multiplying two thirds of the decedent's last salary by his life expectancy of 28 years, or $746,666.48. But the jury awarded only $738,029.85. of this sum $4,975.85 represents funeral expense. Thus, $733,000.54 is the amount of economic damages exclusive of funeral expense. The difference between $746,666.48 and $733,000.54 is $13,612.48.
Of course, there is no way to determine what are the components this sum or how much of this sum is represented respectively by taxes, interest and living expenses. As no evidence of any of these was offered, the jury was free to use its own life experiences and make a "crude monetary" assessment. Katsetos v. Nolan,
The motions are denied.
BY THE COURT,
Mottolese, Judge