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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 46a-58

Citation
§ 46a-58
Parent Document
Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
Jurisdiction
Connecticut (state)
Effective Date
2022-04-26

Other Sections in This Document (128)

Full Text

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branch had an adequate opportunity for cross-examina-
          tion without the records. Accordingly, the complainant
          was permitted to testify that she felt ‘‘dirty,’’ victimized,
          embarrassed, ashamed, and fearful as a result of Mar-
          co’s conduct and the branch’s inadequate response. She
          testified that, following the incidents, she had ceased
          to be a happy person; she suffered anxiety and ner-
          vousness, and would wake in the night crying. The
          complainant was visibly shaking and in tears during
          this testimony. Her testimony as to the emotional dis-
          tress that she suffered during and following the Marco
          incidents was corroborated by the testimony of several
          other nonmedical witnesses, including her husband,
          John Gilbert, each of whom the referee found to be
          credible.
            Second, the branch contended that some of the testi-
          mony by the complainant and her lay witnesses crossed
          the threshold from garden-variety to treatment related
          emotional distress damages because the testimony
          occasionally alluded to or directly referenced the com-
          plainant’s use of mental health counselling and pharma-
          ceuticals to treat her emotional distress. The referee’s
          response to this second category of objections was not
          a model of clarity or consistency. When the branch
          objected to the complainant’s testimony that her physi-
          cian had prescribed daily Lexapro for depression and
          anxiety, the referee allowed her to testify as to the
          medication but not the amount. When the branch
          objected to testimony that the complainant saw Gurn
          for therapy, the referee allowed the complainant and
          her husband to testify that she went to Gurn but not
          about the ‘‘particulars’’ as to what occurred at the thera-
          pist’s office. When the branch objected to testimony
          that the complainant was taking Tylenol PM and pre-
          scription sleep aids, the referee responded: ‘‘We really
          can’t get into too much medical information, because
          we’re not doing this based on her treatment. . . .
April 26, 2022                 CONNECTICUT LAW JOURNAL                                     Page 73