1998 Conn. Super. Ct. 12354 | Conn. Super. Ct. | 1998
By way of background, this action was commenced by plaintiff in the small claims division of this court and transferred to the regular docket upon motion by the defendant. The case was tried before this court without a jury and a memorandum of decision awarding plaintiff $2,800.00 was issued May 19, 1998. (#111.) The clerk entered judgment on that same date (#112); however, the court either during or after trial did reserve jurisdiction to decide a possible §
General Statutes §
The issue to be decided on this motion is what §
The court does not question that the time itemized by the plaintiff's attorney was indeed devoted to litigating this matter. Nor does the court question the reasonableness of counsel's hourly rate. However, at some point in any case involving monetary damages, and preferably at the start, it is the responsibility of litigants and their counsel to decide at what cost they intend to win. The court questions whether that determination was ever made by plaintiff and his counsel in this case, and moreover, questions whether a defendant should have to pay for a plaintiff's unreasonableness. The statute expressly limits recovery to reasonable costs and fees, not what was actually expended. In this court's opinion, the reasonable fee for that aspect of the case presented at trial and found to be reasonable and verifiable is $3,500.00.
Accordingly, the court orders defendant to reimburse the plaintiff $3,500.00 pursuant to plaintiff's application under General Statutes §
PELLEGRINO, J.