11 Conn. App. 232 | Conn. App. Ct. | 1987
The defendants are appealing from the decision of the trial court setting aside the jury verdict as inadequate and ordering a new trial unless the defendants filed an additur with the court.
In this action to recover damages for personal injuries sustained in a motor vehicle accident, the jury returned a verdict for the plaintiff in the amount of $1640. The trial court, upon motion of the plaintiff, set aside the verdict as inadequate and ordered a new trial on the issue of damages only, unless the defendants filed with the court an additur in the amount of $7060. Although the trial court, in its memorandum of decision filed in response to the plaintiffs motion for additur, mentioned that a juror appeared to be asleep during the court’s instructions on damages, the court took no action at that time and the plaintiff made no effort to disqualify the juror. We will not consider this factor as being pertinent to our analysis of the claims of error made in this case.
We hold that the trial court erred in setting aside the jury verdict. There is nothing in the record, exhibits and evidence to justify the court’s conclusion that the verdict in this case so shocked the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption. Briggs v. Becker, 101 Conn. 62, 66-67, 124 A. 826 (1924). The verdict should be “disturbed only by considerations of the most persuasive character, as where the verdict shocks the sense of justice or the mind is convinced that it is in fact entirely disproportionate to the injury. [Maltbie] Conn. App. Proc., p. 151.” Mulcahy v. Larson, 130 Conn. 112, 114, 32 A.2d 161 (1943). The evidence offered at trial “must be given the most favorable construction to which it is reasonably entitled in sup
It is not necessary for us to recite with particularity the facts of this case except insofar as they assist our legal analysis. On the basis of the evidence, the jury could have found a permanent partial disability of 5 percent of the plaintiff’s neck, or it could have found no permanent partial disability of the neck. The jury could have found that the plaintiff experienced pain for a minute, a week or a month, or the jury could have found that the plaintiff experienced no pain. The jury could have found that the plaintiff had prior continuing problems with his neck, or the jury could have found no such
The plaintiff’s reliance on Zarrelli is misplaced. That case involved a death and the valuation to be placed on a young human life. A death had in fact occurred and no jury reasonably could have found that the person involved had not died. In this case, there was no death or any lesser objectively ascertainable catastrophic injury. Furthermore, a parsimonious jury award is not inadequate as a matter of law. Sepe v. Deemy, 9 Conn. App. 524, 531, 520 A.2d 237 (1987). The action of the trial court in this case intruded upon and usurped the function of the jury.
There is error, the case is remanded with direction to vacate the order of the trial court setting aside the verdict and ordering a new trial unless the defendants filed an additur, and to reinstate the verdict of the jury and to render judgment in accordance therewith.
In this opinion the other judges concurred.