Leone v. Knighton
| Decision Date | 18 June 1985 |
| Citation | 493 A.2d 887,196 Conn. 494 |
| Court | Connecticut Supreme Court |
| Parties | Robert D. LEONE v. Eugene A. KNIGHTON. |
Snow Gene Munford, Hartford, for appellant (plaintiff).
Ralph G. Eddy, Hartford, with whom, on the brief, was Michael E. Riley, Hartford, for appellee (defendant).
Before PETERS, C.J., and SHEA, DANNEHY, SANTANIELLO and CALLAHAN, JJ.
The principal question raised by this appeal relates to the denial of the plaintiff's motion to amend his complaint. It clearly appears there was no error in denying the motion.
This action was brought to recover damages for injuries sustained as a result of an automobile collision on Route 84 in East Hartford. The plaintiff claimed that the collision was caused by the negligent operation of the defendant's automobile. The defendant denied negligence and, in a special defense, charged contributory negligence by the plaintiff. Before commencement of the trial, the defendant admitted liability and the case was tried upon the issue of damages only. On March 13, 1984, the plaintiff recovered a verdict. Eight days later, on March 21, 1984, the plaintiff moved to amend his complaint by inserting therein such facts as would bring the case within the provisions of § 14-295 of the General Statutes 1 and by striking all allegations of negligence not applicable to that statute. The trial court, Brenneman, J., denied the motion and the case comes to this court on the plaintiff's appeal, claiming error by the trial court in denying the motion to amend, and sundry errors incidental to that contention.
We cannot hold, under the rule announced in Broschart v. Tuttle, 59 Conn 1, 21 A. 925 (1890), as amplified and explained in Tillinghast v. Leppert, 93 Conn. 247, 105 A. 615 (1919), and followed in Alaimo v. Royer, 188 Conn. 36, 448 A.2d 207 (1982), that the trial court erred in denying the motion to amend the complaint. We have long recognized certain rules governing actions seeking to recover double or treble damages under § 14-295 of the General Statutes. We require that the complaint clearly state such facts as will bring the case within the provisions of the statute. Additionally, we require that the claim for relief be specifically based upon the statutory remedy. We also require the proof to indicate that the verdict was necessarily founded upon a violation of the statute authorizing the extraordinary damages. And we have held that it must clearly appear that the jury found for the plaintiff under the statutory cause of action authorizing these extraordinary damages, and not for any other alleged cause of action. Tillinghast v. Leppert, supra, 250, 105 A. 615. The plaintiff attempted to address these concerns by moving to amend his complaint after a verdict had been returned. "The trial court has wide discretion in granting or denying amendments before, during, or after trial." Lawson v. Godfried, 181 Conn. 214, 216, 435 A.2d 15 (1980). Given the fact that the plaintiff sought, in effect, totally to transform his cause of action after a jury verdict had already been returned, we cannot say that the trial court abused its discretion in denying the motion. See Practice Book §§ 176 through 180.
The remaining question, then, is whether the complaint as it stood at the time of trial and verdict clearly states any facts which would entitle the plaintiff to multiple damages under the statute. The complaint is in one count. It alleges several different acts in the operation of the defendant's automobile as negligence which caused the injuries for which this action was brought. There is but one cause of action, although several distinct acts are relied upon as constituting negligence. Prior to the trial the defendant admitted he was to blame for the accident in which the plaintiff was injured. Because of this, in committing the action to the jury, the trial court directed the jury to find for the plaintiff and against the defendant. The only question of fact submitted to the jury was how much the verdict should be, and that was the matter and the only matter which was tried in the course of the proceedings. It should be noted in passing that there is no claim that the jury failed to understand the law applicable to damages. Further, the plaintiff presented no evidence to prove the negligent operation of the automobile by the defendant. The trial resulted in a general verdict for the plaintiff. Thereupon the plaintiff filed a motion that he be allowed to amend his complaint in order, first, "[t]o more specifically define and demarcate the claim of double or treble damages under Sec. 14-295 of the Conn.General Statutes," second, "[t]o more specifically define and demarcate the...
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Dimmock v. Lawrence & Memorial Hosp., Inc.
...discretion in granting or denying amendments before, during, or after trial." (Internal quotation marks omitted.) Leone v. Knighton, 196 Conn. 494, 496, 493 A.2d 887 (1985); Antonofsky v. Goldberg, 144 Conn. 594, 597-98, 136 A.2d 338 (1957); see also Bielaska v. Waterford, 196 Conn. 151, 15......
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...insolvency statute. Cf. Practice Book § 109A; Orticelli v. Powers, 197 Conn. 9, 14-15, 495 A.2d 1023 (1985); Leone v. Knighton, 196 Conn. 494, 495-98, 493 A.2d 887 (1985). The United States relies nonetheless on two facts dispersed throughout these foreclosure proceedings: Valerie Delaney's......
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Jack v. Scanlon, 3467
...to § 14-295, however, requires that liability be wholly based on a violation of one of the statutes enumerated. Leone v. Knighton, 196 Conn. 494, 496, 493 A.2d 887 (1985). This requirement is clearly enunciated in cases applying the general verdict rule, which prohibits this type of statuto......
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Fiallo v. Allstate Ins. Co.
...motion to amend his complaint brought eight days after a verdict in a trial in which the only issue was damages. Leone v. Knighton, 196 Conn. 494, 495–96, 493 A.2d 887 (1985). In Leone, the plaintiff sought to insert facts in his amended complaint to bring the case under a statute providing......