Robertos Dos Santos v. Sandor Janos et al. (2011)

CORRECTION

The full paragraph on page 4 of the Memorandum dated May 13, 2011 is deleted and the following is substituted therefore for the purpose of correcting the citation.

In the present case, the jury had an opportunity to view the plaintiff and was well aware of his age.   Injuries claimed in the lawsuit were not life threatening.   The jury could then use general knowledge of how long people live.   If a life expectancy table had been introduced into evidence, it would only be evidence that the jury could consider because any one individual might live a longer or shorter period of time.  Blanchette v. Barrett, 229 Conn. 256 fn 6 (1999).   The jury was not misled in any way.   See Geary v. Wentworth Laboratories, Inc., 60 Conn.App. 622, 624 (2000).   The absence of life expectancy table did not effect the verdict in any way, and, accordingly any error was harmless.  Klein v. Norwalk Hospital, 299 Conn. 241, 248 (2010).   Accordingly the defendant's motion for a remittitur and for a new trial is hereby denied.

RUSH, J.T.R.

Rush, William B., J.T.R.