RIGHT V. BREEN 890 A.2d 1287 (Conn. 2006) CASE BRIEF

RIGHT V. BREEN

890 A.2d 1287 (Conn. 2006)

NATURE OF THE CASE: This was a certified appeal to determine whether a plaintiff in a negligence action must be awarded nominal damages, there-by making the defendant potentially liable for costs, when the defendant admits liability but denies having caused the alleged injury, and the fact finder thereafter concludes that the plaintiff failed to prove that he suffered any injury as a result of the defendant's conduct.

FACTS: Right (P) had stopped his automobile at a red traffic light when it was struck from behind by a vehicle driven by Breen (D). There was minor damage to P's vehicle, but no physical injuries were reported at the accident scene. P sued alleging that, as a result of D's negligence, he had suffered bodily injury leading to both economic and noneconomic damages. D admitted that the vehicle she was operating had struck P's vehicle. D denied, that P's injuries and damages suffered were a result of her negligence. D contended that P's injuries were the result of various other automobile accidents. D had been in a 1989 head-on collision, an incident in the early 1990s in which he backed a vehicle into a pole, and a 1995 high impact collision in which P's vehicle was hit from behind on the highway-as well as accidents that occurred after the May, 2000 collision- a 2001 rear impact collision, and a 2002 low impact collision. The jury returned a verdict of zero economic damages and zero noneconomic damages. P moved to set aside the verdict and for additur, claiming he was entitled to at least nominal damages because he had suffered a technical legal injury that admittedly had been caused by D. The trial court granted P's motions, setting aside the jury's verdict and awarding P $1. P then filed a bill of costs. P was awarded $467.10 in nonmedical costs, in addition to the $1 nominal damage award, but denied the request for medically related costs. D appealed. The Appellate Court affirmed. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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