Charles Ausburger v. Kenneth Hoysradt (2010)

MEMORANDUM OF DECISION

On December 14, 2010, the court received evidence at a hearing in damages pursuant to Practice Book § 17-34.   In his complaint, the plaintiff alleged that the defendant and the defendant's wife, who is the plaintiff's sister, were engaged in dissolution litigation.   In seeking custody of the couple's child, the defendant filed a motion with the court and testified in conjunction with that motion.   The written motion and defendant's testimony falsely asserted that the plaintiff was a sexual deviant.   Under Practice Book § 17-34(a), the court must regard these allegations of libel per se and slander per se as proven.

In cases of libel or slander per se a plaintiff may be entitled to general damages, special damages, and punitive damages if malice is present.  Proto v. Bridgeport Herald Corp., 136 Conn. 551, 571 (1950).   Punitive damages consist of nontaxable costs of litigation.   Id. However, in this case, the plaintiff represented himself so no attorneys fees were incurred.   Nor were expert witness fees nor other nontaxable costs generated.   Thus, no punitive damages may be awarded.   Also, the plaintiff failed to produce evidence that he sustained any special damages as a consequence of the defamatory comments.   Therefore, only general damages are available in this matter.

General damages consist of such harm as injury to reputation, humiliation, and mental anguish.   Id. The plaintiff offered no evidence that anyone in the community except the parties' families have any knowledge of the defamatory statements.   He produced no medical bills and scant evidence of loss of his ability to work or engage in life's activities.   Essentially, his concern is that someone in the future may access his sister's dissolution file and learn of the defendant's false accusations against him.   Given the remoteness of that possibility and the paucity of evidence of general damages, the court awards the plaintiff general damages in the amount of $2,500 plus costs.

Sferrazza, J.

Sferrazza, Samuel J., J.