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L. LYNNE HALL v. STANLEY BERGMAN ET AL. (SC 18155)
Rogers, C. J., and Palmer, Vertefeuille, Zarella and Rodriguez, Js.* Argued April 23, 2009--officially released May 11, 2010

Rene Gerard Martineau, for the appellant (defendant Stuart Cohn). Susan M. Phillips, for the appellee (plaintiff).

Opinion

PALMER, J. The plaintiff, L. Lynne Hall, commenced this action against the defendant Stuart Cohn, among others,1 alleging, inter alia, unjust enrichment, intentional infliction of emotional distress and negligent infliction of emotional distress. A jury returned a general verdict in favor of the plaintiff and against the defendant but awarded the plaintiff zero damages. The plaintiff subsequently filed a motion for additur or, in the alternative, to set aside the verdict and to order a new trial. The trial court ordered an additur of $2000, which the plaintiff rejected. The court then set aside the verdict and ordered a new trial. On appeal to the Appellate Court, the defendant claimed the trial court improperly had set aside the verdict. The Appellate Court rejected the defendant's claim and affirmed the judgment of the trial court. Hall v. Bergman, 106 Conn. App. 660, 681, 943 A.2d 515 (2008). We granted the defendant's petition for certification to appeal limited to the following issue: ``Did the Appellate Court properly affirm the trial court's order setting aside the jury verdict?'' Hall v. Bergman, 287 Conn. 911, 950 A.2d 1287 (2008). We answer the question in the affirmative and, accordingly, affirm the judgment of the Appellate Court. The following facts and procedural history, which are not in dispute, are set forth in the opinion of the Appellate Court. ``The plaintiff commenced this action on December 6, 2000, against . . . [the defendant, who] is the beneficiary of [the Joel Cohn Revocable Trust (trust)]. . . . [T]he trust was the owner of a condominium known as 16-18-20 Temple Court in New Haven (condominium), which is handicapped accessible and equipped. The [plaintiff's] second amended complaint, which is the operative complaint [sought damages against the defendant for unjust enrichment, intentional infliction of emotional distress and negligent infliction of emotional distress].2 . . . The plaintiff sought damages of at least $3,708,000. ``The factual allegations of the plaintiff's complaint follow. In May, 1995, Rhoda Cohn approached the plaintiff and informed her that [the defendant], her son, and his wife were divorcing and vacating the condominium. Because the condominium had been constructed to accommodate a person with physical impairments . . . Rhoda Cohn thought that the condominium would be suitable for the plaintiff, who suffered from a physical disability. . . . [I]n August, 1995, [the plaintiff] entered into a long-term lease agreement for the condominium with [the defendant], who was acting as agent for the trust. Approximately two years later, Rhoda Cohn, acting as trustee, decided to sell the condominium and engaged [the defendant] to approach the plaintiff with an offer to purchase the condominium. . . . [W]hen [the plaintiff] refused to purchase the condominium, Rhoda Cohn instituted a summary process action

against her, which was dismissed. Thereafter, [the defendant] commenced a second summary process action to evict the plaintiff from the condominium. [According to the plaintiff, the defendant] threatened her, violated court orders with respect to her, sexually assaulted her, sabotaged assistive technology devices, misappropriated her personal and professional identity, and in the summer of 1999 permitted a family of a different race to live in the condominium to compel the plaintiff to purchase the premises. The plaintiff also [claimed] that the [defendant] had been unjustly enriched because [the plaintiff] had made certain improvements to the condominium. . . . ``The jury . . . initially returned two verdict forms concerning [the defendant]. One of the forms contained the following typewritten statement: `We, the jury, find in favor of [the] defendant . . . in the above captioned case,' but it also contained the handwritten words, `Count One: Unjust Enrichment.' The second verdict form contained typewritten language with handwritten figures: `We, the jury, find that [the] defendant . . . is liable to [the] plaintiff . . . and award damages as follows: 1. Economic damages $ 0.00 2. Noneconomic damages $ 0.00 3. Total damages (1) plus (2) [$] 0.00.' The verdict form also contained the following handwritten language: `` `Count Three: Negligent Infliction of harm. (a), (d) `` `Count Four: Intentional Infliction of harm (a), (d).' '' Hall v. Bergman, supra, 106 Conn. App. 663

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