Michael McDermott v. Robert J. Caruso, Sr. (2011)

MEMORANDUM OF DECISION

This is a civil action wherein the plaintiff Michael McDermott is seeking money damages from the defendant Robert J. Caruso, Sr., for injuries alleged to have been caused to the plaintiff when the defendant punched the plaintiff in the face.   The plaintiff has filed a five-count complaint but during oral argument only made reference to the first count which alleges an assault and battery.

The first count alleges in summary that the plaintiff and the defendant's nephew were in the parking lot of a restaurant in Northford, Connecticut on June 18, 2008 arguing about what the plaintiff believed was the nephew's habit of driving his vehicle through the plaintiff's neighborhood at high speeds.   The complaint alleges that the defendant arrived at the parking lot during the argument and allegedly struck the plaintiff in the face with his closed fist, inflicting serious personal injuries to the plaintiff.

The defendant has denied the allegation concerning the alleged assault and also has filed three special defenses.   The first special defense alleges that the plaintiff was putting fear into the nephew and the plaintiff's son and that the defendant was acting in their self defense.   The second special defense is that the force used by the defendant was reasonable in that he only struck the plaintiff once.   The third special defense is that the injuries alleged by the plaintiff are inflated and exaggerated.

The case was tried in a court trial on July 6, 2011.   The plaintiff offered his testimony and that of a friend Steven Wagner.   The defendant, his nephew David Clough, and his son Robert Caruso, Jr. testified on behalf of the defendant.   The parties made oral arguments at the conclusion of the evidence.

The court finds the following facts and reaches the following conclusions.   On June 18, 2008, the plaintiff and his friend Steven Wagner were in the center of Northford getting coffee at the Dunkin Donuts restaurant.   They saw David Clough, a nephew of the defendant, who they recognized as the operator of a vehicle that earlier that day had been speeding through the plaintiff's neighborhood.   In the parking lot the plaintiff and Wagner spoke to Clough about his driving habits and suggested he slow down.   There were no angry words.   At that point the defendant's son, Robert Caruso, Jr., raced his car into the parking lot and got out of the car swearing.   He announced that “I'm 17 and I'll hit you twice.”   The plaintiff knew Robert Jr. The plaintiff and Wagner began to argue with Clough and Caruso, Jr. but there was no threat of physical violence.   At that point the defendant drove into the parking lot.   The plaintiff did not see the defendant arrive.   The defendant then approached the plaintiff from the rear, tapped him on the shoulder, and struck the plaintiff on the side of his face with a closed fist.   The plaintiff did not see the defendant before he was struck and had no warning that he was about to be struck.   The punch by the defendant was sudden, unprovoked and violent.   After he hit the plaintiff the defendant said “Now it's over” and he and his two relatives left the scene.

The court finds that the plaintiff has proven that the defendant committed an assault and battery of the plaintiff as alleged in the first count.   The defendant has failed to prove any of his special defenses.

As a result of being struck by the defendant the plaintiff suffered a concussion of the brain, contusions to his face, neck and scalp, a sprain of the neck, severe headaches, and a septal deviation fracture.   As a result of the deviated septum the plaintiff has left nasal congestion which interferes with his sleep, causes pressure in his face and head, causes headaches, and interferes with his daily activities.

As a result of his injuries the plaintiff has incurred expenses for hospital and medical care and attention, consultation, medications, and diagnostic imaging totaling $1,426.00.   His doctor has recommended surgical repair of the deviated septum which will cost $7,276.66 for medical treatment, hospital care and anesthesia.

As a result of being struck by the defendant the plaintiff has suffered economic damages of $8,702.66 and non-economic damages of $25,000.00.   The parties have stipulated that the defendant is entitled to a credit of $1,426.00 for restitution payments made by the defendant to the plaintiff.

A judgment may enter in favor of the plaintiff as against the defendant on the first count of the complaint in the sum of $32,276.66 plus taxable costs.

The remaining counts are dismissed.

William L. Hadden, Jr.

Judge Trial Referee

Hadden, William L., J.T.R.