Court Denies Double Damages Despite Defendant's Inconsistancy
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Car Accident Accident & Injury Personal Injury Government US Courts
Summary: Blog post about a court denying an award of double damages.
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Plaintiff driver filed post-verdict motions seeking to set aside the jury verdict for a new trial or for additur, for double damages and double costs and counsel fees, and for special findings, in her personal injury action. Defendant motorists objected to the motions and also moved for a hearing on collateral source reductions.
The driver was injured as a result of an automobile accident with the motorists and only damages were contested. The court noted the jury acted reasonably in making its award and denied the motion to set aside the verdict or for additur. There was support in the record for the award, based on issues of the driver's credibility with respect to statements in pleadings from a prior lawsuit and the fact that she had been fired previously for stealing. Refusal to admit a doctor's statement, which was prepared on the eve of trial, was proper because it was untimely. The cross-examination with respect to the driver's reason for leaving a job, based on larceny, was proper because it bore on her veracity. Her motion for double damages, costs, and counsel fees was denied. The court held that although the withdrawn special defenses were within Conn. Gen. Stat. § 52-245, such awards were obtainable in a separate vexatious action. There was no finding of bad faith in order to make a special finding within Conn. Gen. Stat. § 52-226a. Lastly, there was no right for collateral source reductions under Conn. Gen. Stat. § 52-225a(b) based on the subrogation rights of the Mohegan Indian tribe. The court denied the driver's and the motorists' motions.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: Strom v. Curtiss, 2002 Conn. Super. LEXIS 3607, 2002 WL 31662356 (Conn. Super. Ct. Nov. 8, 2002)
