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3.4-9  Damages - Economic without Non-Economic

New March 25, 2011

Ladies and Gentlemen, I have reviewed your verdict and see that you have found in favor of the plaintiff and awarded economic damages, but have awarded zero non-economic damages. While that is a possible verdict, some might argue that it is inconsistent to say that a person was injured enough to incur (medical expenses/lost wages), but experienced no pain and suffering or other non-economic damages. On the other hand, you may have concluded that while the plaintiff proved (his/her) economic damages, (he/she) failed to prove the claimed non-economic damages.

To help eliminate any concerns either party might have, I am going to ask you to go back and review your verdict. In addition to my instructions regarding the plaintiff's burden of proving damages you should also remember my instruction that even momentary pain and suffering is compensable.

Now, in sending you back for further deliberations, I am in no way suggesting that you should change your verdict. I am simply asking you to review your thought processes once more to make sure you have considered all relevant factors. I am giving you a new verdict form, which you should use if you decide to change your verdict.


General Statutes 52-223; Monti v. Wenkert, 287 Conn. 101, 117-19 (2008); Wichers v. Hatch, 252 Conn. 174 (2000).


Judges are not required to give this charge, but they have the discretion to do so pursuant to General Statutes 52-223. Monti v. Wenkert, supra, 287 Conn. 117-19.


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