Childs v. Bainer, No. 092108 (Sep. 9, 1994)

Connecticut Superior Court

Childs v. Bainer, No. 092108 (Sep. 9, 1994)

1994 Conn. Super. Ct. 9078

CourtConnecticut Superior Court

DecidedSeptember 9, 1994

DocketNo. 092108

StatusUnpublished

This text of 1994 Conn. Super. Ct. 9078 (Childs v. Bainer, No. 092108 (Sep. 9, 1994)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Childs v. Bainer, No. 092108 (Sep. 9, 1994), 1994 Conn. Super. Ct. 9078 (Colo. Ct. App. 1994).

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM IN RE: REMAND FROM THE APPELLATE COURT CT Page 9079 Based upon the ruling of the Appellate Court and pursuant to General Statutes § 52-228b, "[n]o . . . verdict [in any civil action involving a claim for money damages] may be set aside solely on the ground that the damages are inadequate until the parties have first been given an opportunity to accept an addition to the verdict as the court deems reasonable." See also Jeffries v. Johnson, 27 Conn. App. 471, 476, 607 A.2d 443 (1992) (it was error for trial court to set aside the verdict and order new trial until it had given the parties opportunity to accept an addition to the verdict in such amount as the trial court deemed reasonable). Accordingly, the court hereby proposes an additur in the amount of $2,000.00, which amount the trial court deems reasonable. In addition, if the parties do not accept the additur, the court shall set aside the verdict and order a new trial as to all issues. See Childs v. Bainer,35 Conn. App. 305.

/s/ Sylvester SYLVESTER, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM IN RE: REMAND FROM THE APPELLATE COURT CT Page 9079 Based upon the ruling of the Appellate Court and pursuant to General Statutes § 52-228b, "[n]o . . . verdict [in any civil action involving a claim for money damages] may be set aside solely on the ground that the damages are inadequate until the parties have first been given an opportunity to accept an addition to the verdict as the court deems reasonable." See also Jeffries v. Johnson, 27 Conn. App. 471, 476, 607 A.2d 443 (1992) (it was error for trial court to set aside the verdict and order new trial until it had given the parties opportunity to accept an addition to the verdict in such amount as the trial court deemed reasonable). Accordingly, the court hereby proposes an additur in the amount of $2,000.00, which amount the trial court deems reasonable. In addition, if the parties do not accept the additur, the court shall set aside the verdict and order a new trial as to all issues. See Childs v. Bainer,35 Conn. App. 305.

/s/ Sylvester SYLVESTER, J.

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1994 Conn. Super. Ct. 9078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/childs-v-bainer-no-092108-sep-9-1994-connsuperct-1994.

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