Damato v. Thompson
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****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the officially released date appearing in the opinion. In no event will any such motions be accepted before the officially released date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** KARI DAMATO ET AL. v. RUBY W. THOMPSON (AC 20872) Landau, Mihalakos and Shea, Js. Argued May 30 officially released July 24, 2001 Counsel Alan S. Tobin, for the appellant (defendant). Frank A. Bailey, with whom, on the brief, were Robert R. Sheldon and Douglas Mahoney, for the appellee (named plaintiff). Opinion PER CURIAM. In this personal injury action, the defendant, Ruby W. Thompson, appeals from the judgment of the trial court rendered in favor of the plaintiff Kari Damato. On appeal, the defendant claims that the court improperly (1) admitted into evidence certain expert testimony from a physician, (2) denied her motion to set aside the verdict and (3) denied her motion for a remittitur. We affirm the judgment of the trial court. The standard of review for each claim raised by the defendant is the abuse of discretion standard. See State v. Copas, 252 Conn. 318, 326, 746 A.2d 761 (2000) (court s evidentiary ruling upheld absent clear abuse of discretion); Gilliard v. Van-Court Property Management Services, Ltd., 63 Conn. App. 637, 644, A.2d (2001) (court s denial of motion for remittitur undisturbed unless clear abuse of discretion); Davis v. Fracasso, 59 Conn. App. 291, 295, 756 A.2d 325 (2000) (court s denial of motion to set aside verdict upheld absent manifest abuse of discretion). Further, when ruling on a motion for remittitur, a trial court must determine whether the jury s award falls somewhere within the necessarily uncertain limits of just damages or whether the size of the verdict so shocks the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption. (Internal quotation marks omitted.) Gilliard v. Van-Court Property Management Services, Ltd., supra, 643. In a case involving similar injuries from a motor vehicle accident, our Supreme Court concluded that a jury s award of $150,000 fell somewhere within the necessarily uncertain limits of just damages. Bartholomew v. Schweizer, 217 Conn. 671, 688 89, 587 A.2d 1014 (1991). We have fully reviewed the records and briefs and considered the oral arguments of the parties. Having applied the appropriate standard of review, we conclude that the trial court did not abuse its discretion and that its decision conforms to the applicable law. The judgment is affirmed.
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