196 Conn. 494 | Conn. | 1985
The principal question raised by this appeal relates to the denial of the plaintiff’s motion to amend his complaint. It clearly appears there was no error in denying the motion.
This action was brought to recover damages for injuries sustained as a result of an automobile collision on Route 84 in East Hartford. The plaintiff claimed that the collision was caused by the negligent operation of the defendant’s automobile. The defendant denied negligence and, in a special defense, charged contributory negligence by the plaintiff. Before commencement of the trial, the defendant admitted liability and the case was tried upon the issue of damages only. On March 13, 1984, the plaintiff recovered a verdict. Eight days later, on March 21, 1984, the plaintiff moved to amend his complaint by inserting therein such facts as would bring the case within the provisions of § 14-295 of the General Statutes
The remaining question, then, is whether the complaint as it stood at the time of trial and verdict clearly states any facts which would entitle the plaintiff to multiple damages under the statute. The complaint is in one count. It alleges several different acts in the operation of the defendant’s automobile as negligence which
It is clear from the allegations contained in the complaint that no facts are stated that would suffice for
There is no error.
In this opinion the other judges concurred.
“[General Statutes] Sec. 14-295. DOUBLE OR TREBLE DAMAGES. Bach person who, by neglecting to conform to any provision of sections 14-230 to 14-242, inclusive, or section 14-245, or 14-247, causes any injury to the person or property of another, shall be liable to the party injured in double or treble damages if, in the discretion of the court in which any action is pending, double or treble damages are just, with the costs of such action.”
The plaintiff has provided us with no record of the discussions with Judge Kelly before the trial and with Judge Brenneman before trial, during trial, and after the jury verdict was received. “While a true picture may not be presented here because of [discussions] that took place in chambers, the case, nevertheless, must be decided on the record. Cohn v. Mt. Zion Baptist Church, 130 Conn. 362, 366, 34 A.2d 129 (1943).” Hasbrouck v. Hasbrouck, 195 Conn. 558, 560, 489 A.2d 1022 (1985).