July 10, 2018
Many times, a jury will award the plaintiff all of her economic damages but nothing in terms of noneconomic damages. In Micalizzi v. Stewart, 181 Conn.App. 671 (2018), the Connecticut Appellate Court addressed this situation yet again, but under circumstances that may make it even more difficult for plaintiffs feeling slighted by a jury verdict to receive monetary relief for pain and suffering on appeal.
In Micalizzi, the plaintiff was involved in a motor vehicle accident and brought an action for negligence, statutory recklessness, and common law recklessness. The plaintiff claimed that the accident caused a cervical spine sprain, permanent damage to her left hand, and recurring and severe headaches. The plaintiff sought medical treatment for these injuries. At trial the jury awarded the plaintiff all of her medical expenses, but nothing for her alleged pain and suffering.The plaintiff filed a motion for additur which the trial court denied.
On appeal, the Connecticut Appellate Court affirmed the judgment of the trial court primarily relying on the seminal decision in Wichers v. Hatch, 252 Conn. 174 (2000) which held that a jury is not required to award noneconomic damages merely because it awards all of the plaintiff’s economic damages. The Court reasoned that “the fact that the jury awarded economic damages for medical treatment, including treatment for pain, does not necessarily mean that it must award damages for pain itself….” Accordingly, the Court reasoned that “it is possible for a jury to conclude that medical treatment was reasonable and necessary as a diagnostic or prophylactic measure, but that the plaintiff experienced either no pain or pain caused by an underlying illness, preexisting condition, or other cause.”
Micalizzi represents another example of a recent flurry of Connecticut Appellate Court cases refusing to overturn a verdict where the jury did not award noneconomic damages. In Micalizzi in particular, the Court takes great care to discuss why medical treatment for pain does not automatically mean that the jury needs to conclude that the subject accident caused that pain. Micalizzi offers a valuable guide for defense counsel in objecting to a motion for additur where the plaintiff calls foul for not receiving any noneconomic damages.