Mascalo v. Clark-Walter
A court can award economic damages for medical expenses and non-economic damages for pain and suffering. On June 9, 2009, the defendant, Valichia Clark-Walter, allegedly collided with the plaintiff's motor vehicle when the plaintiff, 68, stopped on Interstate 84, en route to work as a painter. The plaintiff went to the hospital and complained about his back, neck and dizziness. The plaintiff went to a physical therapist in July and August 2009. The plaintiff maintained that he experienced a clicking noise when he turned his head to the left. His physical therapist was unable to help. Magnetic resonance imaging was negative. Although the plaintiff complained that the motor-vehicle accident affected his ability to scuba dive, the plaintiff remained capable of performing household chores and continued to travel internationally to Aruba, Israel and the Dominican Republic. The plaintiff's medical expenses were $9,740. The defendant stipulated to legal responsibility for the motor-vehicle accident and disputed the nature and the severity of the plaintiff's injuries. "[T]he amount of a damage award is a matter peculiarly within the province of the trier of fact," pursuant to Hughes v. Lamay, a decision of the Connecticut Appellate Court. The Superior Court awarded economic damages of $9,740 and non-economic damages, for pain and suffering, of $25,000.