Hassett v. City of New Haven

858 A.2d 922, 49 Conn. Supp. 7, 2004 Conn. Super. LEXIS 2564
CourtConnecticut Superior Court
DecidedAugust 25, 2004
DocketFile No. CV-02-0458974S
StatusPublished
Cited by1 cases

This text of 858 A.2d 922 (Hassett v. City of New Haven) 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.

Bluebook
Hassett v. City of New Haven, 858 A.2d 922, 49 Conn. Supp. 7, 2004 Conn. Super. LEXIS 2564 (Colo. Ct. App. 2004).

Opinion

BLUE, J.

This uninsured motorists action against the defendant city of New Haven (city) and its insurers has been tried to the court. Although the case involves modest amounts of money, it raises important issues involving our “collateral sources” statute, General Statutes § 52-225b.

The city stipulated to liability at the outset of the trial, so the trial was, for all practical purposes, a hearing in damages. The trial was on the first count of the amended complaint only. (The first count claims the liability of the city; the second count, severed for purposes of trial, claims the liability of another defendant.) There is no dispute concerning the underlying facts. The parties’ differences boil down to a factual dispute over the amount of noneconomic damages and a legal dispute as to whether the plaintiffs medical, wage and overtime benefits are “collateral sources” within the meaning of § 52-225b. These issues will be addressed following a brief recitation of the undisputed facts.

The plaintiff, Raymond Hassett, is a lieutenant in the New Haven police department. On May 19, 2000, while on duty, his police vehicle was struck by a negligent uninsured motorist. Hassett was disabled for three weeks and underwent physical therapy for approximately two and one-half months, eventually making a full recovery. He commenced this action against the city by service of process in 2001. The case was tried to the court on July 28, 2004, and argued, following the submission of posttrial briefs, on August 23, 2004.

[9]*9The parties stipulated at trial that Hassett’s economic damages were $8395.66, consisting of $4130.50 in medical expenses and $4265.16 in lost wages and overtime. After considering all of the evidence, the court determines that Hassett suffered noneconomic damages in the amount of $6000. His total damages, prior to the deduction of collateral sources, are thus $14,395.66.

The parties additionally stipulated that as a result of the benefits available through his employment, Hassett received $3009.03 in reimbursement of his medical expenses and $3300.99 in reimbursement of his lost wages and overtime benefits. It is additionally uncontested that Hassett’s medical expenses in excess of $3009.03 were forgiven by his health care providers following the receipt of that payment.

Hassett concedes that “[mjedical bills paid, and not incurred and/or forgiven, should be deducted as a collateral source.” There is, consequently, no dispute that the $3009.03 that Hassett received in reimbursement of his medical expenses should be treated as a collateral source. The dispute between the parties focuses on the difference between this sum and the $4130.50 that forms part of the economic damages stipulated by the parties. As mentioned, the difference between these sums was ultimately forgiven by the medical care providers. The city contends that these additional medical bills, subsequently forgiven, should also be deducted as collateral sources. Hassett disputes this claim.

This dispute is resolved by the statutory text. Section 52-225b provides: “For purposes of [General Statutes §§] 52-225a to 52-225c, inclusive: ‘Collateral sources’ means any payments made to the claimant, or on his behalf, by or pursuant to: (1) Any health or sickness insurance, automobile accident insurance that provides health benefits, and any other similar insurance benefits, except life insurance benefits available to the claim[10]*10ant, whether purchased by him or provided by others; or (2) any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the costs of hospital, medical, dental or other health care services. ‘Collateral sources’ do not include amounts received by a claimant as a settlement.”

It can be assumed, for purposes of argument, that the subsequent forgiveness of a debt by a medical care provider qualifies as a “[payment] made to the claimant, or on his behalf.” “ ‘Payment’ is not a taiismanic word. It may have many meanings depending on the sense and context in which it is used.” United States v. Consolidated Edison Co., 366 U.S. 380, 391, 81 S. Ct. 1326, 6 L. Ed. 2d 356 (1961). In economic terms, at least, the forgiveness of a debt is as much a payment as a transfer of money. The problem with the city’s argument that a “payment” of this description is a “collateral source” is that it is not made “by or pursuant to” either (1) “[a]ny . . . insurance” or (2) “any contract or agreement” within the meaning of § 52-225b. Rather, as far as the record reflects, the forgiveness here was the voluntary act of the medical care providers themselves. Under these circumstances, the subsequently forgiven debts are not collateral sources under the statute, and the collateral source medical care deduction is limited to $3009.03.

The city’s contention concerning the amount of $3300.99 paid to reimburse Hassett’s lost wage and overtime benefits raises a more complex set of issues. The city’s argument, as I understand it, is not that this amount should be deducted from Hassett’s economic damages as a collateral source but that it should not be included in Hassett’s economic damages in the first place. This argument, first advanced in the city’s post-trial brief, cannot be reconciled with the city’s stipulation at trial that Hassett’s “economic damages” included [11]*11$4265.16 in lost wages and overtime. Even if this inconsistency is overlooked, however, the city’s argument cannot succeed.

The city’s argument goes as follows. General Statutes § 52-572h (a) (1) defines “economic damages” as “compensation determined by the trier of fact for pecuniary losses including . . . loss of earnings . . . .’’In the city’s view, when an amount is paid to reimburse a loss of earnings, there is no “loss of earnings” in the first place. According to this argument, the question of collateral sources does not arise because there is nothing from which collateral sources may be deducted in the first place.

The initial problem with the city’s argument is that § 52-572h was never intended to alter the law in the direction that the city suggests. “[T]he sole intent of the legislature” in enacting this provision “was to modify the doctrine of contributory negligence to allow diminished recovery based on the degree of a plaintiffs own negligence.” Gomeau v. Forrest, 176 Conn. 523, 526, 409 A.2d 1006 (1979). “Economic damages” is simply a modem term for the category of damages traditionally referred to as special damages. Childs v. Bainer, 235 Conn. 107, 123, 663 A.2d 398 (1995) (Berdon, J., dissenting). Prior to reductions mandated by § 52-572h itself (none of which are claimed to be appropriate here), “economic damages” are to be calculated just as special damages were calculated under the common law.

In policy terms, the city’s approach oversimplifies the necessary analysis, perceiving only one question— what is the plaintiffs net loss? — where the law instead poses two different questions. The correct analysis, succinctly stated by a leading English jurist considering this common jurisprudential problem, is as follows: “Two questions . . . arise. First, what did the plaintiff lose [12]

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Related

Hassett v. City of New Haven
880 A.2d 975 (Connecticut Appellate Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
858 A.2d 922, 49 Conn. Supp. 7, 2004 Conn. Super. LEXIS 2564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hassett-v-city-of-new-haven-connsuperct-2004.