Opinion

Berry v. Loiseau

  • 223 Conn. 786
  • 614 A.2d 414
  • 1992 Conn. LEXIS 285
Court
Supreme Court of Connecticut
Filed
Aug 12, 1992
Status
Published
Author
Berdon
On the bench
Berdon, Glass
Cited by
262 cases
Authority
More cited than 1.7%

holding that trial court erred in directing verdict for defendants on false imprisonment claim where evidence showed that defendants took plaintiff by arm, escorted him to defendants’ office and car, used abusive and threatening language toward plaintiff, and displayed revolver

How later courts described this case

  • holding that trial court erred in directing verdict for defendants on false imprisonment claim where evidence showed that defendants took plaintiff by arm, escorted him to defendants’ office and car, used abusive and threatening language toward plaintiff, and displayed revolver
  • explaining that, “[i]n order to award punitive or exemplary damages, evidence must reveal a reckless indifference to the rights of others or an intentional and wanton violation of those rights”
  • declining to abandon Connecticut's rule regarding the measurement of punitive damages in favor of the "common law" rule CT Page 9889 because "the common law rule allowing broad jury discretion is at odds with the generally accepted rule of compensation in civil cases."
  • concluding that court was not bound by contingency-fee agreement in calculating punitive damages under state statute

Written by the judges who cited it.

The opinion

Berdon, J.,

concurring. I concur only because I would not address the issue in part III A of the majority opinion concerning the rule limiting punitive damages to the party’s litigation costs. The question of whether we should abandon that rule was raised for the first time by the plaintiff on appeal. Public policy shifts in this state require a more meaningful review of the archaic rule, which was adopted in Hanna v. Sweeney, 78 Conn. 492 , 62 A. 785 (1906). See, e.g., General Statutes § 52-240b. 1

I concur in the opinion in all other respects.

General Statutes § 52-240b provides: “Punitive damages may be awarded if the claimant proves that the harm suffered was the result of the product seller’s reckless disregard for the safety of product users, con *834 sumers or others who were injured by the product. If the trier of fact determines that punitive damages should be awarded, the court shall determine the amount of such damages not to exceed an amount equal to twice the damages awarded to the plaintiff.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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