Cecarelli v. Maher
12 Conn. Super. Ct. 240 · Connecticut Superior Court · 1943
Facts
A 25-year-old man, after attending a public dance at Sea Cliff, New Haven, agreed to drive three young women home. This act angered George Maher, John Heinz, and an unknown assailant. At a secluded spot near the dance hall, Maher and his companions severely beat the plaintiff with fists and dangerous instruments. The plaintiff suffered multiple dental injuries, a lacerated lip, abrasions, contusions, and soreness from kicking, requiring emergency hospital treatment and dental restoration. He also missed a week of work and experienced acute pain. Maher and Heinz were subsequently arrested and pleaded guilty to assault charges in the City Court of New Haven.
Procedural history
Maher and his companion Heinz were arrested and offered guilty pleas to assault charges before the City Court of New Haven. This civil action originally joined both Maher and Heinz as codefendants. Subsequently, the action was withdrawn as to Heinz, and a default judgment was entered against Maher due to his failure to appear. The current court is now assessing damages against Maher alone.
Issue
What is the appropriate amount of damages to be assessed against the defendant, George Maher, for the willful and unprovoked assault on the plaintiff?
Holding
The court held that the plaintiff is entitled to recover $2,315 from the defendant, George Maher, along with taxable costs, as fair and reasonable compensation for his injuries and losses.
Rule
Damages for a willful and unjustifiable assault include specific monetary losses, such as lost wages and medical/dental expenses, as well as fair and reasonable compensation for pain, suffering, and permanent injury. The court determined the specific damages based on documented expenses and assessed general damages for the severe physical and emotional consequences of the violent attack.
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