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Davis v. Fracasso
State: Connecticut
Court: Court of Appeals
Docket No: AC19008
Case Date: 08/08/2000
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** CATHERINE DAVIS v. PHILIP F. FRACASSO (AC 19008)
Foti, Pellegrino and Peters, Js. Argued April 25--officially released August 8, 2000 Counsel

Michael P. Shea, with whom were David J. Elliott and Melissa J. Papantones, and, on the brief, Stephen B. Reynolds and Valicia Harmon, for the appellant (substitute defendant). William F. Gallagher, with whom was John F. Riley, Jr., for the appellee (plaintiff).
Opinion

PELLEGRINO, J. Francis Lamboley, executor of the estate of the named defendant, Philip F. Fracasso, and the substitute defendant1 in this personal injury action, appeals from the judgment of the trial court rendered after a jury verdict in favor of the plaintiff, Catherine Davis. On appeal, the defendant claims that the court improperly (1) denied his posttrial motions to set aside the verdict, for a new trial and for permission to file a motion for a new trial and (2) denied his posttrial motions without granting him a full evidentiary hearing.

We affirm the judgment of the trial court. The following facts and procedural history are relevant to this appeal. On February 15, 1994, the plaintiff commenced an action to recover damages for injuries she sustained in a two car accident in 1992 with the defendant's decedent. On March 31, 1998, the jury returned a verdict in favor of the plaintiff for $540,000, of which $377,400 was for economic damages and $163,000 for noneconomic damages. In calculating the economic damages, the jury appears to have relied on the plaintiff's sworn interrogatory responses, deposition and trial testimony that she was earning approximately $600 per week as a private duty nurse for the Solomon and Gagge families prior to the accident, and that after the accident, she was unable to return to work2 except for a brief period in 1993.3 On April 9, 1998, the defendant timely filed a motion to set aside the verdict, for a new trial and for a remittitur pursuant to Practice Book
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