Grimes v. Housing Authority, 242 Conn. 236 (1997)

Citation: Grimes v. Housing Authority, 242 Conn. 236 (1997)
Parent Document: Grimes v. Housing Authority, 242 Conn. 236 (1997)
Jurisdiction: Connecticut (state)
Effective Date: 1997-07-29
Original Source: https://www.courtlistener.com/opinion/7897210/grimes-v-housing-authority/ ↗

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Our review of the pleadings reveals that the Connelly plaintiffs sought more than mere injunctive relief for the defendant’s alleged violation of § 47a-7 (a) and the New Haven housing code. Paragraph eight of count one of the Connelly complaint provides in part: “The named plaintiffs, in addition to maintaining this action on their own behalf, seek to maintain this action for injunctive *250and ancillary relief on behalf of all tenants who reside in the buildings owned and operated by the defendant . . . .” More importantly, in the Connelly prayer for relief, the plaintiffs specifically claimed “compensatory damages for the named plaintiffs and for the class,” the same relief claimed by the plaintiffs in this case. It has long been recognized that “[g]eneral damages, which are such as the law presumes from the wrong complained of, need not be specially pleaded, because the law presumes them . . . .” Ives v. Carter, 24 Conn. 392, 404 (1856). Indeed, personal injury damages are presumed from paragraph eighteen, count one, of the Connelly complaint which alleges: “As a result of the insufficient and erratic heat and hot water, plaintiffs and their families have been subjected to unsanitary and unsafe conditions which materially affect their health and well-being.” It is incongruous then for the defendant to suggest that the Connelly plaintiffs did not seek compensatory damages when they specifically pleaded that class members had suffered some form of personal injury.

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