17 Conn. App. 216 | Conn. App. Ct. | 1988
The plaintiff brought suit against the defendants for property damage to the plaintiffs motor
The trial court found the following facts. On February 18,1982, the defendants, at the request of the Hartford police department, towed a 1975 Oldsmobile owned by the plaintiff to their lot located in the city of Hartford. By 1 a.m. on February 19,1982, all four tires on the plaintiff’s vehicle had been stolen, and by morning the rear window had been smashed, the radio had been removed and the dashboard vandalized. Although the plaintiff was told that the stolen items would be replaced, the defendants failed to do so. The court also found that the plaintiff failed to reclaim his car, despite his opportunity to do so without charge. The defendants later sold the vehicle after notifying the plaintiff of their intention to do so. See General Statutes § 14-150.
The court found that a bailment had been created, and that the plaintiff was entitled to the damages that he had proven. Since he had proven the value of the tires and the sound system, the court held that he was entitled to recover that amount, namely $661.30.
The plaintiff’s first claim is that the trial court erred in not awarding him damages in the amount of the full reasonable value of the car under the breach of bailment theory of recovery. While it is true that the measure of damages for loss or damage to the subject
The plaintiffs final claim of error is that the trial court failed to address the possibility of recovery of damages under the wrongful possession and conversion counts of the complaint. The court, in its memorandum of decision, did not address those two counts of the complaint; nor did the plaintiff seek under Practice Book § 4051 to have the court further articulate its decision. It is the appellant’s responsibility to secure an adequate appellate record, and we will not remand a case to correct a deficiency the appellant should have remedied. Barnes v. Barnes, 190 Conn. 491, 494, 460 A.2d 1302 (1983); Thiel Realty Corporation v. Culligan Water Conditioning Co., 9 Conn. App. 191, 193, 517 A.2d 1502 (1986). The record furnishes no basis for us to conclude that the trial court erred in its findings of fact or conclusions of law.
There is no error.
In this opinion the other judges concurred.