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3.6-12  Need for Actual Injury

Revised to January 1, 2008

Note:  This charge may be used when there is a contest over whether the plaintiff suffered any  injury.  It may be given during the explanation of the negligence cause of action or during the explanation of damages.

In order to recover money damages, the plaintiff must prove that (he/she) suffered an actual injury.  That injury can be any one or more of the types about which I will instruct you in the damages portion of my charge.  Unless the plaintiff proves an actual injury caused by the defendant's negligence, you cannot find for the plaintiff and award damages. 

Authority

Right v. Breen, 277 Conn. 364, 377 (2006).
 


 

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