Seymour v. Carcia

589 A.2d 7, 24 Conn. App. 446, 1991 Conn. App. LEXIS 113
CourtConnecticut Appellate Court
DecidedApril 16, 1991
Docket8812
StatusPublished
Cited by24 cases

This text of 589 A.2d 7 (Seymour v. Carcia) 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
Seymour v. Carcia, 589 A.2d 7, 24 Conn. App. 446, 1991 Conn. App. LEXIS 113 (Colo. Ct. App. 1991).

Opinion

Spallone, J.

The plaintiff brought this action to recover for injuries sustained in a motor vehicle accident. The jury returned a verdict in favor of the plaintiff in the amount of $176,081, which the defendant considered excessive, contrary to law, and against the evidence. The defendant consequently appealed from the trial court’s decision accepting the verdict.

[448]*448On appeal, the defendant claims that the trial court (1) improperly accepted the verdict because the evidence was insufficient to support the jury’s award of future economic damage, (2) improperly submitted the issue of punitive damages to the jury, (3) improperly refused to instruct the jury regarding apportionment of negligence, and (4) improperly accepted the verdict because it was excessive. We affirm the judgment of the trial court.

The jury could have reasonably found the following facts. On March 6, 1987, the defendant visited a restaurant with some friends. During the ensuing three hours at the restaurant, the defendant drank from four to ten twelve ounce glasses of beer. The defendant then left the restaurant, and drove her car west on Route 44 in Avon. The plaintiff, a passenger in a car driven by Joseph Anastasio, was being driven in an easterly direction on Route 44 at about forty to forty-five miles per hour. The speed limit on Route 44 was forty-five miles per hour. As Anastasio’s automobile entered an intersection, the defendant made a left turn, crossed into the eastbound lane and collided with Anastasio’s automobile.

As a result of the collision, the plaintiff suffered injury to the cervical, dorsal and lumbosacral regions of her spine. She was treated for those injuries continually from the time of the accident to the time of the trial. Expert testimony established that the plaintiff has a 15 percent permanent disability of the lumbosacral region.

The jury awarded the plaintiff $8125 for past economic loss, $68,372 for future economic loss, $3750 for past noneconomic loss, $54,000 for future noneconomic loss, and $41,834 in fees and costs, for a total award of $176,081. The court accepted the verdict and denied the defendant’s motion to set aside. The court later [449]*449granted the defendant’s motion to open the judgment for the purpose of effecting a reduction in the verdict and rendered a corrected judgment in the amount of $172,956. The defendant then brought this appeal.

The first issue raised by the defendant is whether the trial court improperly accepted the verdict because there was insufficient evidence to support the jury’s award for future economic loss. Future economic losses include, inter alia, all reasonable and adequately proven future medical expenses, such as the reasonable expense of physicians, medication, and medical appliances, and loss of future earning capacity. The defendant’s claim is based primarily on the contention that the evidence presented did not prove future economic loss with any degree of certainty and therefore impermissibly left the jury to base its award on surmise and conjecture. We disagree.

“ Tn awarding future medical expenses, a jury’s determination must be based upon an estimate of reasonable probabilities, not possibilities. Jerz v. Humphrey, 160 Conn. 219, 224, 276 A.2d 884 (1971). Such evidence must be given the most favorable construction in support of the verdict of which it is reasonably capable. . . .’ Reilly v. DiBianco, 6 Conn. App. 556, 575, 507 A.2d 106, cert. denied, 200 Conn. 804, 510 A.2d 192, 193 (1986).” (Citations omitted.) Rogers v. Delfino, 13 Conn. App. 725, 729, 539 A.2d 156 (1988). It is not necessary that the amount of the loss be established with precision as long as the evidence affords a basis for a reasonable estimate by the jury. Delott v. Roraback, 179 Conn. 406, 411, 426 A.2d 791 (1980).

The defendant asserts that damages for future medical expenses may be established only through competent medical expert testimony. She draws an analogy between the evidence required in the context of medical causation, where medical expert testimony is [450]*450required to show that the act caused the plaintiffs injuries, and the evidence required to prove future medical expenses. See, e.g., Grody v. Tulin, 170 Conn. 443, 449, 365 A.2d 1076 (1976); Bates v. Carroll, 99 Conn. 677, 679, 122 A. 562 (1923). This analogy is inapplicable. Evidence to support a claim of future economic damage is sufficient if it allows the jury an opportunity to appraise the plaintiff’s condition and the future consequences of that condition. Boland v. Vanderbilt, 140 Conn. 520, 524, 102 A.2d 362 (1953).

The plaintiff’s medical expert and treating physician testified that the plaintiff had a 15 percent permanent disability of her back. He further testified that he had “no doubt” that the plaintiff will require medical care in the future. Examination of billing statements received into evidence without objection reveals that the plaintiff incurred medical expenses in the amount of $874.96 in 1989, almost two years after the injury occurred. The parties stipulated that the plaintiff’s life expectancy was 54.9 years. The plaintiff testified that her injuries made driving difficult. The plaintiff’s medical expert testified that he had recommended that the plaintiff use an orthopedic car seat costing $2372.33. The parties do not direct our attention to the expected useful life of the car seat, but we assume the jury assigned a reasonable period. We also recognize that the jury could have reasonably determined that the plaintiff would need to replace such a car seat from time to time. If the jury considered these two factors alone, it could have quite reasonably concluded that the plaintiff would incur expenses for both medical treatment and medical supplies, including an annual cost for the car seat. Considering the plaintiff’s life expectancy of 54.9 years, and without regard to any loss of the plaintiff’s earning capacity (on which there was some evidence), we cannot say that the resulting figure was not a reasonable estimate by the jury. Under the circum[451]*451stances present in this case, the trial court did not abuse its discretion by refusing to grant the defendant’s motion to set aside the verdict.

The defendant’s next claim, that the trial court improperly submitted the issue of punitive damages to the jury, is raised in two parts. The first is that the trial court improperly submitted the issue of punitive damages to the jury because the pleadings did not claim such damages. The second is that the evidence of recklessness was insufficient as a matter of law to support an award of punitive damages.

“To furnish a basis for recovery of [punitive] damages, the pleadings must allege and the evidence must show wanton or wilful malicious misconduct, and the language contained in the pleadings must be sufficiently explicit to inform the court and opposing counsel that such damages are being sought. . . . ‘A wilful or malicious injury is one caused by design. Wilfulness and malice alike import intent. . . .

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Bluebook (online)
589 A.2d 7, 24 Conn. App. 446, 1991 Conn. App. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seymour-v-carcia-connappct-1991.