Saint Bernard School of Montville Inc. v. Bank of America
A court is not required to deduct the amount received, as a result of insurance, from the amount awarded for breach of contract. The plaintiff, the Saint Bernard School of Montville, alleged that the defendant, Bank of America, permitted the plaintiff's employee to open an unauthorized bank account, known as the Camp Sunshine Account, and that the plaintiff's employee withdrew funds from the plaintiff's main operating account and deposited them into the Camp Sunshine account. The plaintiff's employee also allegedly took funds that should have been deposited into the plaintiff's main operating account and deposited them into the Camp Sunshine account. The plaintiff alleged that the bank breached its contract, because it did not require the plaintiff's employee to prove he possessed the authority to open and to deposit operating funds into the Camp Sunshine account. Allegedly, the plaintiff's employee misappropriated $840,000. A jury awarded the plaintiff $823,776. The bank moved to set aside and for remittitur and argued the award should be reduced $100,000, so that the plaintiff did not obtain a double recovery as a result of insurance. Connecticut General Statutes §52-216a provides, "If the court at the conclusion of the trial concludes that the verdict is excessive as a matter of law, it shall order a remittitur and, upon the failure of the party so ordered to remit the amount ordered by the court, it shall set aside the verdict and order a new trial." In Nunez v. Palmer, a 2006 decision, the Connecticut Appellate Court wrote, "[A] defendant is not entitled to be relieved from any part of the compensation due for injuries resulting from his act where the payment comes from a collateral source." Damages awarded to the plaintiff, Saint Bernard School of Montville, were not contrary to law, unsupported by proof or contrary to the court's instructions. "[T]he verdict," wrote the court, "does not shock the court's sense of justice so as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption." The court denied the motions to set aside and for remittitur and awarded $130,575 in interest.