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Section 52-224 – Special verdicts. Jury to assess damages

May 11, 2021 | Civil Procedure, Connecticut

(a) The court shall determine questions of law referred to it by the jury in a special verdict, which they may give when they entertain doubts respecting points of law arising in the action, or when the parties request it. In a special verdict the jury shall find the facts, and state the questions of law thus:

If the law be so in such a point, then we find for the plaintiff;but if the law be otherwise, then we find for the defendant.

(b) When the jury finds a verdict in favor of the plaintiff, they shall assess the damages which he shall be entitled to recover.

Conn. Gen. Stat. ยง 52-224

(1949 Rev., S. 7973; P.A. 82-160, S. 111.)

Verdict apportioning the damages between defendants held illegal. 48 C. 521. Generally. 75 C. 220; 81 C. 601; 82 C. 597. General verdict on several counts proper, in absence of request for special verdict; 76 Conn. 680; so, general verdict for defendant failing to answer special interrogatories by him based on verdict for plaintiff. 81 Conn. 601. Request that jury find special facts on which conclusion based not proper. 82 C. 485. Special interrogatories in connection with general submission. 83 Conn. 109. Discretion of court to refuse to submit. Id., 183; 90 C. 626; 96 C. 2; 97 C. 182, but see 94 C. 690; 100 Conn. 493. Proper to submit, where verdict might be based on one of several grounds. 85 Conn. 459. Interrogatories should be recorded as part of verdict. 88 C. 558. Procedure under statute preferable where both legal and equitable remedies are sought. 90 Conn. 626. Except as here provided, no special form of verdict required. 91 C. 673. Addressing oral questions to jury on return of verdict improper. 97 Conn. 182. Purpose; when to be allowed. 95 C. 499. Special verdict or interrogatories proper where complaint states cause of action at common law and one under statute permitting damages to be doubled. 93 C. 247. If two or more issues are presented in one count, interrogatories are proper; if in separate counts, separate verdicts may be had. 94 Conn. 690. Defect in interrogatories which are consistent with general verdict disregarded. 93 C. 446. Answers may be limited by context; 94 C. 168; and should be construed so as to be consistent. 97 C. 337. Proper procedure. 95 Conn. 499; 97 C. 189. Practice as to receiving answers. 96 C. 2. When complaint contains two or more counts, or two or more issues in one count, court must, on request, submit properly framed interrogatories. 100 Conn. 494; 104 C. 525. Trial court’s refusal to set aside verdict of damages as inadequate was sustained where only permanent injuries were body scars on child and verdict awarded $6,000 to plaintiff child and $4,000 special damages to father of child. 156 Conn. 635.