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Gambardella v. Feldman
State: Connecticut
Court: Supreme Court
Docket No: SC18405
Case Date: 01/19/2010
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. ******************************************************

WILLIAM GAMBARDELLA, ADMINISTRATOR (ESTATE OF HELEN FINGON) v. STEPHEN FELDMAN ET AL. (SC 18405)
Rogers, C. J., and Norcott, Katz, Palmer, Zarella and McLachlan, Js. Argued December 8, 2009--officially released January 19, 2010

Laurel Fedor, for the appellant (plaintiff). Maria Cahill, for the appellees (defendants).

Opinion

PER CURIAM. In this personal injury action, the plaintiff,1 William Gambardella, sought to recover damages for injuries sustained by Helen Fingon in an automobile accident. Fingon later died from causes unrelated to the accident. The plaintiff claimed that the accident was caused by the negligence of the named defendant, Stephen Feldman.2 Following a jury trial, a verdict was returned in favor of the plaintiff, awarding him economic damages in the amount of $1188 and zero noneconomic damages. The plaintiff filed motions to set aside the verdict, for additur and for a new trial, claiming, inter alia, that the jury's award of zero noneconomic damages was inconsistent with the evidence presented at trial. The trial court denied the plaintiff's motions, finding that the jury's award was reasonable in light of the facts of the case. This appeal followed.3 The plaintiff raises three claims on appeal. He claims that the trial court improperly: (1) denied the aforementioned motions because the jury's award was inconsistent with the evidence; (2) relied in part, when denying the motions, on the fact that Fingon since had died of causes unrelated to the accident; and (3) excluded certain evidence because it was admissible pursuant to the dead man's statute, General Statutes
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