Lexplug logoLexplug

Cecarelli v. Maher

Connecticut Superior Court
12 Conn. Supp. 240 (1943) (1943)
ELI5:

Rule of Law:

In a tort action for assault and battery, compensatory damages are calculated by combining special damages, which are quantifiable economic losses like medical expenses and lost wages, with general damages, which are a fair and reasonable monetary amount for non-economic harms such as pain, suffering, and permanent injury.


Facts:

  • On the evening of August 1, 1943, the plaintiff attended a public dance.
  • After the dance, three young women asked the plaintiff to drive them home.
  • The plaintiff's agreement to this request angered the defendant, George Maher, and his two companions, John Heins and an unknown person.
  • At a secluded location near the dance hall, Maher and his companions attacked the plaintiff.
  • They beat and kicked the plaintiff with fists and dangerous instruments.
  • As a result of the attack, the plaintiff suffered severe injuries, including the loss or destruction of five teeth, a lacerated upper lip requiring sutures, and significant bruising and soreness to his face, arm, shoulder, and side.
  • The plaintiff required emergency hospital treatment, extensive dental restoration, and missed a week of work.
  • Maher and Heins were subsequently arrested and pleaded guilty to criminal assault charges.

Procedural Posture:

  • The plaintiff filed a civil action against George Maher and John Heins as co-defendants in a Connecticut trial court.
  • Subsequently, the plaintiff withdrew the action as to defendant Heins.
  • The court entered a default judgment against defendant Maher due to his failure to appear and defend himself in the lawsuit.
  • The trial court then held a hearing for the sole purpose of assessing the amount of damages to be awarded to the plaintiff from Maher.

Locked

Premium Content

Subscribe to Lexplug to view the complete brief

You're viewing a preview with Rule of Law, Facts, and Procedural Posture

Issue:

What is the appropriate amount of compensatory damages to award a plaintiff for injuries sustained from an unprovoked assault, encompassing medical expenses, lost wages, pain, suffering, and permanent injury?


Opinions:

Majority - Cullinan, J.

The appropriate amount of damages is $2,315. The court calculates compensatory damages by adding special damages to general damages. Here, the plaintiff's special damages for lost wages and medical/dental treatment amount to approximately $315. To this, the court adds $2,000 as fair and reasonable compensation for the plaintiff's pain, suffering, and permanent physical injury resulting from the willful and unjustifiable assault.



Analysis:

This case provides a clear and straightforward illustration of the calculation of compensatory damages in a personal injury tort case. It highlights the fundamental distinction between special (economic) damages, which are tied to specific, quantifiable financial losses, and general (non-economic) damages, which compensate for subjective harms like pain and suffering. While a trial court opinion with limited precedential value, it serves as a textbook example for understanding how courts monetize physical and emotional harm in the context of an intentional tort, particularly following a default judgment where liability is not contested.

🤖 Gunnerbot:
Query Cecarelli v. Maher (1943) directly. You can ask questions about any aspect of the case. If it's in the case, Gunnerbot will know.
Locked
Subscribe to Lexplug to chat with the Gunnerbot about this case.

Unlock the full brief for Cecarelli v. Maher