Todd v. Glines

583 A.2d 1287, 217 Conn. 1, 1991 Conn. LEXIS 4, 1991 WL 152
Supreme Court of Connecticut·Decided January 1, 1991·No. 14086·Published·Cited by 25 cases

Opinion

Borden, J.

In this personal injury action, the sole issue on the plaintiff’s appeal from the judgment of the trial court, after a jury trial, is whether the trial court improperly denied the plaintiffs motion to set aside the verdict and for a new trial based upon a claim of an inadequate verdict. On the cross appeal of the defendants, Brett Glines, Arthur Glines and Tnais Glines,the sole issue is whether the trial court properly ordered, pursuant to General Statutes (Rev. to 1987) § 52-225d (b) (3),1 an award of attorney’s fees to the [3] plaintiff absent a specific request for such fees.2 Pursuant to Practice Book § 4023 we transferred these appeals to this court, and we affirm the judgment of the trial court.

The jury found for the plaintiff and awarded her damages of $26,015.72, which was apportioned as $6115.72 for past economic damages, $7300 for future economic damages, $5100 for past noneconomic damages, and $7500 for future noneconomic damages. The jury also determined, however, that the plaintiff was 15 percent negligent, and reduced the award by that percentage for a verdict of $22,113.36. The plaintiff thereafter moved to set aside the verdict and for an additur which the court denied, finding that the verdict was “within the realm of fair and reasonable damages.” The court, without hearing evidence on the issue, awarded attorney’s fees to the plaintiff in the amount of $2038.57 based upon one third of the gross past economic damages found by the jury. The court later reduced this amount to $1732.79 pursuant to the defendant’s request for a remittitur in order to reflect the reduction in the past economic damages by virtue of the 15 percent comparative negligence of the plaintiff. The appeal and cross appeal followed.

The jury could reasonably have found the following facts. On December 30, 1986, at approximately 6:50 p.m., the plaintiff was driving in a westerly direction and the defendant Brett Glines (Glines) was driving in [4] an easterly direction on Route 42 in Beacon Falls. The weather was snowy, and the roads were slippery and unlit. As the plaintiff was proceeding down a hill, Glines was coming around a curve. The plaintiff, although seeing that Glines had begun to slide into her lane after applying his brakes, did not apply her brakes and the two cars collided, contacting on the plaintiff’s front left grille and fender areas and on Glines’ left front and door areas. As a result of the collision, the plaintiff suffered personal injuries.

There were two critical hotly disputed issues in the case, namely, the issues of liability for the accident and of the causal relationship between the accident and the plaintiff’s claimed injuries. With respect to liability, the plaintiff testified that Glines was traveling at a speed of thirty-five to forty miles per hour and that she was traveling at a speed of five miles per hour. Glines testified, however, that he was traveling at a speed of ten to fifteen miles per hour and that the plaintiff was traveling at a speed of at least twenty-five miles per hour. The plaintiff testified that Glines’ car struck hers three times, thereby spinning her car 360 degrees and pushing it onto the shoulder of the oncoming lane before she came to rest in her own lane of travel. Glines testified that his car contacted that of the plaintiff only once on the front portion of her car, that she was not spun around, and that in fact she continued to drive up the road a short distance before stopping. The state trooper who came to the scene testified, contrary to the plaintiff’s version, that from his examination of the scene and of the physical evidence it did not appear that the plaintiff’s car had crossed the roadway and spun around.

On the issue of the causal relationship between the plaintiff’s physical injuries and the accident, the medical testimony presented was also in sharp conflict. In particular, the parties contested the issue of whether [5] the plaintiffs claim of injury to her right hip was a result of the accident in question, a result of a second accident in which the plaintiff was involved in September, 1987, or a result of the aging process. The plaintiff claimed that her hip was injured in the accident in question and, through her medical expert, that she suffered a 20 percent permanent partial disability. The defendants’ medical expert testified that the plaintiff’s hip pain was due to arthritis as a natural part of the aging process. Furthermore, on cross-examination of the plaintiff, the defendants brought out that according to the medical records the plaintiff did not complain about hip pain until after the date of the second accident, although she had been receiving treatment from an orthopedic doctor and a physical therapist for injuries to her neck and left scapula derived from the accident in issue. The plaintiff testified, however, that the subsequent accident merely aggravated the previous injury to her hip that was caused by the accident with Glines. The defendants, in addition to raising the issue of the second accident, also brought out on cross-examination that the plaintiff had fallen down a flight of stairs in November, 1987, sustaining a fracture of her right ankle.

On appeal, the plaintiff claims that the trial court improperly denied her motion to set aside the jury’s verdict and for a new trial because the verdict was inadequate. We disagree.

“ ‘The trial court’s refusal to set aside the verdict is entitled to great weight and every reasonable presumption should be given in favor of its correctness. . . .’ ” Kubeck v. Foremost Foods Co., 179 Conn. 486, 487, 427 A.2d 391 (1980), quoting Katsetos v. Nolan, 170 Conn. 637, 656, 368 A.2d 172 (1976). “ ‘ “The ultimate test which must be applied to the verdict by the trial court is whether the jury’s award falls somewhere within the necessarily uncertain limits of just damages or whether [6] the size of the verdict so shocks the sense of justice as to compel the conclusion that the jury were influenced by partiality, prejudice, mistake or corruption.” . . .’” (Citations omitted.) Kubeck v. Foremost Foods Co., supra, quoting Thomas v. Katz, 171 Conn. 412, 416, 370 A.2d 978 (1976).

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Todd v. Glines, 583 A.2d 1287, 217 Conn. 1, 1991 Conn. LEXIS 4, 1991 WL 152 (Colo. 1991).

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