DocketNumber: No. 247648
Citation Numbers: 1993 Conn. Super. Ct. 6715, 8 Conn. Super. Ct. 905
Judges: REYNOLDS, STATE TRIAL REFEREE.
Filed Date: 7/23/1993
Status: Non-Precedential
Modified Date: 4/17/2021
The court has denied defendant's post verdict motions to set aside plaintiff's verdicts. The court has denied plaintiff's post verdict motion to set aside the verdict in favor of defendant on the counterclaim on set-off.
In this motion plaintiff seeks judgment on counts one and two as above recited plus punitive damages, interest, attorneys' fees and costs. CT Page 6716
This court has no difficulty in awarding both attorney's fees and punitive damages predicated on a jury pending of a CUTPA violation. Nor does this court have difficulty in awarding punitive damages measured by doubling the award of attorneys' fees. The difficulty presented is the proper application and measure of (1) the value of the attorneys' services in (a) contingent fee multi-count complaint, or (b) total time at a fix hourly rate in a multi-count complaint and counterclaim — set-off count.
This court has ruled in a one-third of amount recovered case, that the attorneys' fees were governed by this contract for one-third of the award on the breach of contract count and on the CUTPA verdict and jury award, attorneys' fees of one-third, plus another one-third for punitive damages. (Jury award $51.00-$17.00 attorneys' fees and $17.00 punitive damages for a total of $85.00).
This court has no difficulty in recognizing the fact that five full folders compose the file in this case and has no difficulty in finding that the "Affidavits Re: Attorney's Fees" cites hourly rates and computer calculations of billable hours that fall within the scope of acceptable local community charges found to be reasonable.
The difficulty is one of apportionment and application. Ordinarily attorneys' fees are based on contract or statute. Marsh, Day Calhoun v. Solomon,
In this case the contract between plaintiffs and their attorneys was for quoted hourly rates. The original complaint contained a third count and claim for emotional distress and damages. That count was stricken pursuant to defendant's motion to strike.
The numbers indicate:
Plaintiffs' verdicts:
(a) Breach of contract damages $57,593.02
(b) CUTPA damages 5,500.00 ----------
$63,093.02 ========== CT Page 6717
Defendant's verdicts:
(a) Counterclaim-set-off $ 6,750.00 ==========
Attorneys for the Plaintiffs' Claim fees and non taxable and nontaxable costs as follows:
(a) Legal fees $66,383.75
(b) Litigation costs $ 5,883.60 ---------- $72,267.35
The court looks to Section
Preparation of this case for trial and post verdict motions accumulated five full folders of paper work. The return date was June 10, 1986. It was filed May 30, 1986. The verdicts were returned on April 8, 1993.
Plaintiffs' advances the theory all claims of plaintiffs and motions by defendant including the counterclaim were so intertwined as to entitle plaintiffs to recover all litigation costs and attorneys' fees that they have incurred despite the fact that the jury has awarded them only $5,500.00 damages on the CUTPA count. (See Berry v. Loiseau,
The jury returned three verdicts each stating an award of money damages. This court conducts that the work reasonable performed by plaintiffs' attorney should be targeted to the individual verdicts and not to the amount of recovery on any individual verdict. Consequently the total fees and expenses claimed, ($66,383.75 and $5,883.60) of $72,267.35 apportioned and approximated at $24,000.00 are awarded under Section
The award under Section
Jury award on CUTPA $ 5,500.00
Section
42-110g (d) award of litigation expenses and reasonable attorneys' fees $24,000.00Section
42-110g (a) award of punitive damages $24,000.00
Total CUTPA claim $53,500.00
"The plaintiff who establishes CUTPA liability has access to a remedy for more comprehensive than simple damages recoverable under common law. The ability to recover both attorneys' fees . . . and punitive damages . . . enhances the private CUTPA remedy and serves to encourage private CUTPA litigation." Ford v. Blue Cross Blue Shield of Conn. Inc.,
Breach of Contract Claim $ 57,593.02
$111,093.02 ===========
Judgment for plaintiff Raven Corporation to recover of the defendant the sum of $111,093.02 on the revised complaint. Judgment on the counterclaim and set-off for the defendant Baldwin Electric Co. to recover of the plaintiffs the sum of $6,750.00.
Judgment may enter as above. Each party may file motions for interest claimed.
No costs to either party except as above ordered.
John N. Reynolds State Trial Referee CT Page 6719 [EDITORS' NOTE: THE CASE THAT PREVIOUSLY APPEARED ON THIS PAGE HAS BEEN MOVED TO CONN. SUP. PUBLISHED OPINIONS.]
CT Page 6719-aa