Kufferman v. Fairfield University, 5 Conn. App. 118 (1985)

Although the court suggests that it did not consider this item of evidence in making its decision, the post-trial exclusion of this evidence after it had been admitted cannot be seen as harmless error which did not possibly affect the court’s conclusion. Cf. Low Stamford Corporation v. Stamford, 164 Conn. 178, 185, 319 A.2d 369 (1972). “When inadmissible evidence is received subject to objection and afterwards excluded, a party may be injured, either by the influence such evidence may have had, even unconsciously, on the mind of the judge, or by the confusion and embarrassment which the uncertainty as to what has and has not been proved, may subject counsel in the trial of their cause.” Fuller v. Metropolitan Life Ins. Co., 68 Conn. 55, 63, 35 A. 766 (1896); see also General Statutes § 52-208 (when evidence is objected to as inadmissible, court must pass on objection and admit or reject evidence, unless parties agree it may be admitted subject to objection).