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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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tion’’ to treat insomnia, anxiety, and chest pains arising
          from the alleged abuse.
            Ultimately, the referee found that the complainant had
          suffered emotional distress as a result of the branch’s
          discriminatory treatment. After citing case law for the
          proposition that garden-variety emotional distress claims
          generally merit $30,000 to $125,000 awards, she awarded
          the complainant $50,000 in emotional distress damages.
                                        B
             On appeal from the referee’s decision, the trial court
          determined that (1) the complainant had failed to pro-
          vide certain relevant, nonprivileged, discoverable infor-
          mation, in violation of the referee’s orders, (2) there
          was no doubt that the branch was prejudiced thereby,
          and (3) limiting the complainant’s testimony and recov-
          ery to garden-variety emotional distress damages did
          not cure the prejudice arising from these discovery
          violations. The court justified its decision to vacate the
          award of emotional distress damages as follows: ‘‘[The
          complainant] withheld clearly discoverable, nonprivi-
          leged information without justification and despite the
          referee’s order otherwise. . . . [T]he court cannot
          allow such unilateral, unjustified and fundamentally
          unfair action to go without consequence, particularly
          when it prejudices the other side. . . . As a result, the
          court must vacate the emotional distress damage[s]
          award. The referee should have precluded all evidence
          concerning emotional and physical distress unless the
          proper discovery was provided. The referee’s decision
          to allow garden-variety emotional distress evidence was
          made pursuant to improper procedure, was a clear error
          of law, and, as such, was an abuse of discretion.’’ (Foot-
          note omitted.)
            We agree with the commission that the trial court’s
          judgment rests on a flawed analysis. The following well
          established principles govern our review. ‘‘This court
April 26, 2022             CONNECTICUT LAW JOURNAL                         Page 75