Eric Campbell v. Samuel Flint (2010)

MEMORANDUM OF DECISION

On April 7, 2010, the court received evidence and argument at a hearing in damages regarding the plaintiff's claim of battery against the defendant.   By virtue of Practice Book § 17-34, the court must accept as proven the allegations of the plaintiff, Eric Campbell, that on November 13, 2005, the defendant, Samuel Flint, punched him in the face and struck him in the head with a liquor bottle without legal justification or excuse.

At the hearing, the plaintiff proved that these blows knocked the plaintiff unconscious, fractured his skull and his left eye socket, inflicted two epidural hematomas, and caused painful bruising and swelling to his face and head.   The plaintiff has scarring to his left eyebrow and left side of his scalp, left eye astigmatism, and suffers from night terrors and social anxiety as a result of the attack.   In addition, the traumatic brain injury has left the plaintiff with postconcussive syndrome, chronic headaches upon awakening, dizziness when rising, and mild impairment of memory and concentration.   These maladies and disfigurement are permanent in nature, and the plaintiff has a life expectancy of 52.3 years.   No evidence was adduced as to the necessity of future medical care nor the cost of any future care.

The plaintiff has reasonably incurred medical and hospital care of $29,448.01 in an effort to restore himself to the normal condition of health had the defendant not attacked him.

The court finds that fair, just, and reasonable pecuniary damages are $29,500 and that nonpecuniary damages are $270,500.

The plaintiff also seeks punitive damages.   Punitive damages are available where the harm was intentionally inflicted as occurred in the present case.   The decision to award punitive damages is discretionary, however.   Such damages are imposed to punish the defendant for reprehensible behavior and to deter the defendant and others from future misconduct of that sort.   Under Connecticut common law, punitive damages are restricted to unreimbursable costs of litigation, such as reasonable attorneys fees.

In evaluating whether to award punitive damages in this case, the court has considered that the defendant served twenty-one months in prison as part of a sentence in a related criminal case;  the parties were strangers before the assault;  and that both had been drinking alcohol before the blows were inflicted.   Finally, the court credits the testimony of the defendant that he preemptively struck the plaintiff in response to verbal threats communicated to him by the plaintiff.   The court declines to award punitive damages.

The court awards compensatory damages in the amount of $300,000 plus costs.   If no collateral source hearing pursuant to General Statutes § 52-225a(b) is requested within ten days, the court will enter judgment in that amount.

Sferrazza, J.

Sferrazza, Samuel J., J.