RICHEY v. MAIN STREET STAFFORD, LLC, No. TTD CV 03 0081247 S (Apr. 7, 2009)

KLACZAK, J.T.R.

This matter comes before the Court after remand from the Appellate Court, ( Richey v. Stafford), 110 Conn.App. 209 (2008), for a hearing in damages as to Count Four of the complaint which sought damages for a CUTPA violation.

The trial Court's decision was affirmed except for the CUTPA count against Brett Colon and Main Street Stafford LLC.

The parties to the remand order filed a stipulated motion to allow briefs and reply briefs in lieu of a trial on the issues of punitive damages and their motion for permission for briefing in lieu of trial was granted. The briefs were filed accordingly.

The Court has reviewed the briefs, the trial Court's earlier decision, and the Appellate Court decision. This Court's decision on the amount of punitive damages is primarily based on the findings recited in those decisions, while recognizing that the award of punitive damages is discretionary with the Court.

This case involves a dispute between a landlord and tenant over a commercial property. The plaintiffs were in possession, without a signed lease, and planning to open a restaurant. When monetary issues arose, the defendants unlawfully "locked them out," which led to the lawsuit.

The trial court found that "a good deal of the plaintiff's testimony was devoid of any credibility," but nonetheless found the defendants liable for their unlawful entry and detainer. It awarded damages for the resulting spoilation of food ($1,853.92) and attorneys fees of $13,855. ($8,855 for the lockout portion of the case and $5,000 for the hearing in damages portion). The total judgment against the defendants, which included other miscellaneous damages was $17,762.84.

The defendant's behavior was egregious and cannot be condoned. On the CT Page 9189 other hand, much of the plaintiffs' testimony was not credible which diminished their standing and reliability. The parties have both submitted extensive briefs, with both stressing evidence which they claim is favorable to their respective positions. This Court will not revisit the findings of the trial court (which were essentially affirmed by the Appellate Court).

The Court has re-read the original briefs on the issue of punitive damages and has considered the reply briefs filed by both parties. Upon reconsideration this Court is still of the belief that a reasonably equitable award of punitive damages would be $1,853.92.

Accordingly, judgment shall enter against the defendants Brett Colon and Main Street Stafford, LLC in Count Four (CUTPA) in the amount of $1,853.92.

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