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Right v. Breen
State: Connecticut
Court: Supreme Court
Docket No: SC17439
Case Date: 12/31/1969
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. ******************************************************

ROBERT RIGHT v. KIMBERLY BREEN (SC 17439)
Sullivan, C. J., and Borden, Norcott, Katz and Zarella, Js. Argued November 28, 2005--officially released February 28, 2006

Andrew H. Sharp, for the appellant (defendant). Harold L. Rosnick, with whom was Michael J. Ros-

nick, for the appellee (plaintiff). Cesar A. Noble filed a brief for the Connecticut Defense Lawyers Association as amicus curiae.
Opinion

KATZ, J. The issue in this certified appeal is whether a plaintiff in a negligence action must be awarded nominal damages, thereby making the defendant potentially liable for costs, when the defendant admits liability but denies having caused the alleged injury, and the fact finder thereafter concludes that the plaintiff failed to prove that he suffered any injury as a result of the defendant's conduct. This case affords us an opportunity to address this court's statement in Keller v. Carone, 138 Conn. 405, 406
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