RIGHT v. BREEN, No. CV00-0072767 S (Mar. 1, 2004)

NADEAU, JUDGE.

Plaintiff has submitted a post-verdict bill of costs which includes $3,000 for testifying physician Eric J. Katz, and $150 for a medical report. In this personal injury case, defendant admitted liability and plaintiff was awarded nothing. Other costs have been submitted by plaintiff as well, each of which is not obviously related to medical issues of proof. Those non-medical costs total $467.10.

The court concludes that defendant ought not be required to pay the $3,150 medically-related costs submitted. The other costs, those not medical in nature, are probably recoverable in our law due to the plaintiff's having been entitled to nominal damages upon defendant's admission of liability.

Upon the jury's determination that no damages were proven or proven proximately caused, this court ordered $1.00 nominal damages upon a motion to set aside the verdict. At said time, however, this court advised plaintiff that it was likely that a claim for damages-related costs might not prevail merely due to the defense admission of liability.

Our cases more clearly suggest that nominal damages be either suggested to the jury or imposed later. However, no compulsion to award costs for failed efforts to prove damages or causation has been found. This court concludes that to do so would discourage admissions of liability in cases where it appears plaintiff will have physicians testifying. Plaintiff's argument, founded upon C.G.S. § 52-257 and its "prevailing party" language has not persuaded the court.

Nadeau, J.

* This opinion was written and ready for signature when a brief CT Page 3446 from plaintiff arrived approximately February 15, 2004. (In October 2003, plaintiff requested time to brief the issue and this opinion initially noted that said brief had not arrived; however, it did and the opinion is issued with its content having been weighed.) CT Page 3447