Barrows v. J.C. Penney Co.

753 A.2d 404, 58 Conn. App. 225, 2000 Conn. App. LEXIS 262
CourtConnecticut Appellate Court
DecidedJune 13, 2000
DocketAC 18473
StatusPublished
Cited by14 cases

This text of 753 A.2d 404 (Barrows v. J.C. Penney Co.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barrows v. J.C. Penney Co., 753 A.2d 404, 58 Conn. App. 225, 2000 Conn. App. LEXIS 262 (Colo. Ct. App. 2000).

Opinion

Opinion

SPEAR, J.

The named plaintiff, Beverlee Barrows,2 appeals from the judgment of the trial court rendered after a jury verdict in her favor in the amount of $2000. She claims that the court improperly (1) refused to set aside the jury verdict of $1000 for past economic damages and $1000 for past noneconomic damages, (2) [227]*227allowed the defendants’3 expert to testify to opinions that were not disclosed in accordance with Practice Book § 13-4 (4), and (3) admitted evidence that was not specially pleaded by the defendants pursuant to Practice Book § 10-50. We affirm the judgment of the trial court.

The following facts and procedural history are relevant to this appeal. On April 6,1993, the plaintiff went to the store of the named defendant J.C. Penney Company, Inc. (J.C. Penney), in the Connecticut Post Mall in Milford to return a pair of shoes. After returning the shoes, the plaintiff tried on several articles of clothing before leaving the store. The defendants Holly Herzman and Arthur Evans, who were employed by J.C. Penney as security guards, stopped the plaintiff approximately ten feet outside the store’s exit and accused her of shoplifting.

The security guards brought the plaintiff back into the store and detained her in a room for about twenty-one minutes. After she was released, the plaintiff became dizzy and collapsed against a rack of clothing. She went to the Milford Hospital emergency room where she was treated for hypertension.4

The plaintiff brought an action against the defendants seeking damages for intentional false imprisonment and negligent false imprisonment. Thereafter, she filed a motion for summary judgment as to liability only on the first count, intentional false imprisonment. The court granted the plaintiffs motion for summary judgment, [228]*228and the case was assigned for a jury trial on the issue of damages. Before the commencement of the hearing in damages, the plaintiff withdrew the second count of her complaint alleging negligent false imprisonment.

At the hearing in damages, the plaintiff sought to collect past and future economic damages, past and future noneconomic damages and punitive damages. The defendants did not contest the reasonableness of the plaintiffs medical bills. Through expert testimony, they did contest the causal relationship between the incident at the store and the plaintiffs alleged injuries. The plaintiff objected to some of the testimony of the defendants’ expert, claiming that it was outside the scope of the defendants’ disclosure made pursuant to Practice Book § 13-4 (4). The court overruled the plaintiffs objection and allowed the expert’s testimony.

The jury returned a verdict in favor of the plaintiff in the amount of $2000, representing $1000 for past economic damages and $1000 for past noneconomic damages. No future economic damages, future noneco-nomic damages or punitive damages were awarded. The plaintiff filed a motion to set aside the jury verdict as to damages only and for additur. The court denied the plaintiffs motion and this appeal followed.

I

The plaintiff first claims that because the jury verdict was unreasonable, the court improperly refused to set it aside. We disagree.

“The trial court’s refusal to set aside [a] verdict . . . is entitled to great weight and every reasonable presumption should be given in favor of its correctness. In reviewing the action of the trial court in denying [a motion] ... to set aside [a] verdict, our primary concern is to determine whether the court abused its discretion and we decide only whether, on the evidence [229]*229presented, the jury could fairly reach the verdict they did. The trial court’s decision is significant because the trial judge has had the same opportunity as the jury to view the witnesses, to assess their credibility and to determine the weight that should be given to their evidence. Moreover, the trial judge can gauge the tenor of the trial, as we, on the written record, cannot, and can detect those factors, if any, that could improperly have influenced the jury. . . . Our task is to determine whether the total damages awarded falls somewhere within the necessarily uncertain limits of fair and reasonable compensation in the particular case . . . .” (Internal quotation marks omitted.) Childs v. Bainer, 235 Conn. 107, 113, 663 A.2d 398 (1995).

A

The plaintiff claims that the jury verdict of $1000 for past economic damages is unreasonable and should be set aside because no combination of the medical bills introduced into evidence can add up to precisely $1000. We are unpersuaded.

First, the jury in this case rendered a general verdict for past economic damages with no interrogatories. “Where there is a general verdict and no breakdown of the components of the verdict, it would be error to set it aside.” Marchetti v. Ramirez, 40 Conn. App. 740, 746, 673 A.2d 567 (1996), aff'd, 240 Conn. 49, 688 A.2d 1325 (1997). The rendering of a general verdict “coupled with the absence of interrogatories, [makes] it impossible for the trial court or this court to determine what factors the jury considered in making its award. ” Id. “We cannot speculate as to how the jury reached its figure.” Caruso v. Quickie Cab Co., 48 Conn. App. 459, 462, 709 A.2d 1154 (1998). “Although [most of the] evidence remained uncontroverted the jury [was] not obliged to accept it. On the other hand, [the jury was] at liberty to accept what part of [the evidence it] chose and factor [that [230]*230evidence] into [its] total calculations.” Pisel v. Stamford Hospital, 180 Conn. 314, 344, 430 A.2d 1 (1980).

Second, the extent of the plaintiff’s injury was hotly contested. “The existence of conflicting evidence limits the corut’s authority to overturn a jury verdict. The jury is entrusted with the choice of which evidence is more credible and what effect it is to be given.” (Internal quotation marks omitted.) Childs v. Bainer, supra, 235 Conn. 116. The plaintiff offered expert testimony that she suffers from permanent hypertension as a result of the incident at the defendant’s store. The defendants offered expert testimony that the incident at the defendant’s store caused only temporary, not permanent, hypertension. “[T]he medical testimony and opinions were conflicting to such an extent that the jury could have refused to credit [part of] the plaintiffs claims.” Beverly v. State, 44 Conn. App. 641, 648, 691 A.2d 1093 (1997).

We, therefore, cannot say that the verdict is unreasonable or so shocks the sense of justice that it warrants reversal.

B

The plaintiff also claims that the jury verdict of $1000 for past noneconomic damages is unreasonable and should be set aside because it was tainted by the improper jury verdict for past economic damages.

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Cite This Page — Counsel Stack

Bluebook (online)
753 A.2d 404, 58 Conn. App. 225, 2000 Conn. App. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrows-v-jc-penney-co-connappct-2000.