CHAPTER 900
COURT PRACTICE AND PROCEDURE

Table of Contents

Sec. 52-185. Bond or recognizance for prosecution.
Sec. 52-190a. Prior reasonable inquiry and certificate of good faith required in negligence action against health care provider.
Sec. 52-190b. Designation of negligence action against health care provider as complex litigation case.
Sec. 52-192a. Offer of compromise by plaintiff. Acceptance by defendant. Amount and computation of interest.
Sec. 52-193. Offer of compromise by defendant.
Sec. 52-194. Acceptance of defendant's offer of compromise.
Sec. 52-195. Effect of failure to accept defendant's offer of compromise.
Sec. 52-212a. Civil judgment or decree opened or set aside within four months only.
Sec. 52-215. Dockets. Jury cases. Court cases.
Sec. 52-216b. Articulation to trier of fact of amount of damages claimed to be recoverable permitted.
Sec. 52-225b. "Collateral sources" defined.
Sec. 52-225d. Payment of damages in lump sum and periodic installments in personal injury, wrongful death and property damage actions.
Sec. 52-228c. Remittitur when noneconomic damages in negligence action against health care provider determined to be excessive.

      Sec. 52-185. Bond or recognizance for prosecution. (a) If the plaintiff in any civil action is not an inhabitant of this state, or if it does not appear to the authority signing the process that the plaintiff is able to pay the costs of the action should judgment be rendered against him, the plaintiff shall enter into a recognizance to the adverse party with a financially responsible inhabitant of this state as surety, or a financially responsible inhabitant of this state shall enter into a recognizance to the adverse party, that the plaintiff shall prosecute his action to effect and answer all costs for which judgment is rendered against him. The recognizance shall not be discharged by any amendment or alteration of the process between the time of signing and of serving it.

      (b) The recognizance may be taken in the following form:

      You, C.S., as principal, and E.C., as surety, acknowledge yourselves jointly and severally bound to J.L., in a recognizance (or, as the case may be, You, E.C., acknowledge yourself bound to J.L., in a recognizance) of .... dollars, that C.S. shall prosecute the action which he has now commenced against J.L. at the Superior court to be held at H. in and for the judicial district of H., on the .... Tuesday of ...., 20.. to full effect, and that he shall pay any costs for which judgment may be rendered against him thereon.

      Taken and acknowledged at H. on the .... day of ...., 20.., before me, J.W., Commissioner of the Superior Court.

      (c) If a bond or recognizance is required on any writ of summons or attachment, it may be noted in the writ in the following manner:

      E.C. of .... is recognized in $.... to prosecute, etc. (or words to that effect).

      (d) If there has been a failure to comply with the provisions of this section, or if the authority signing a writ has failed to certify in accordance with any statute or rule that he has personal knowledge as to the financial responsibility of the plaintiff and deems it sufficient, the validity of the writ and service shall not be affected unless the failure is made a ground of a plea in abatement. If such plea in abatement is filed and sustained or if the plaintiff voluntarily elects to cure the defect by filing a bond, the court shall direct the plaintiff to file a bond to prosecute in the usual amount. Upon the filing of the bond, the case shall proceed in the same manner and to the same effect as to rights of attachment and in all other respects as though the failure had not occurred. The court may, in its discretion, order, as a condition to the acceptance of the bond, that the plaintiff pay to the defendant costs not to exceed the costs in full to the date of the order.

      (1949 Rev., S. 7931; 1961, P.A. 517, S. 43; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 86; P.A. 05-152, S. 6.)

      History: 1961 act deleted obsolete provision for actions before justices of the peace; P.A. 78-280 substituted "judicial district" for "county" where appearing; P.A. 82-160 rephrased the section and inserted Subsec. indicators; (Revisor's note: In 2001 the references in Subsec. (b) of this section to the date "19.." were changed editorially by the Revisors to "20.." to reflect the new millennium); P.A. 05-152 amended Subsec. (a) by deleting provision requiring plaintiff to enter into recognizance before the process is signed.

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      Sec. 52-190a. Prior reasonable inquiry and certificate of good faith required in negligence action against health care provider. (a) No civil action or apportionment complaint shall be filed to recover damages resulting from personal injury or wrongful death occurring on or after October 1, 1987, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, unless the attorney or party filing the action or apportionment complaint has made a reasonable inquiry as permitted by the circumstances to determine that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant. The complaint, initial pleading or apportionment complaint shall contain a certificate of the attorney or party filing the action or apportionment complaint that such reasonable inquiry gave rise to a good faith belief that grounds exist for an action against each named defendant or for an apportionment complaint against each named apportionment defendant. To show the existence of such good faith, the claimant or the claimant's attorney, and any apportionment complainant or the apportionment complainant's attorney, shall obtain a written and signed opinion of a similar health care provider, as defined in section 52-184c, which similar health care provider shall be selected pursuant to the provisions of said section, that there appears to be evidence of medical negligence and includes a detailed basis for the formation of such opinion. Such written opinion shall not be subject to discovery by any party except for questioning the validity of the certificate. The claimant or the claimant's attorney, and any apportionment complainant or apportionment complainant's attorney, shall retain the original written opinion and shall attach a copy of such written opinion, with the name and signature of the similar health care provider expunged, to such certificate. The similar health care provider who provides such written opinion shall not, without a showing of malice, be personally liable for any damages to the defendant health care provider by reason of having provided such written opinion. In addition to such written opinion, the court may consider other factors with regard to the existence of good faith. If the court determines, after the completion of discovery, that such certificate was not made in good faith and that no justiciable issue was presented against a health care provider that fully cooperated in providing informal discovery, the court upon motion or upon its own initiative shall impose upon the person who signed such certificate or a represented party, or both, an appropriate sanction which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion or other paper, including a reasonable attorney's fee. The court may also submit the matter to the appropriate authority for disciplinary review of the attorney if the claimant's attorney or the apportionment complainant's attorney submitted the certificate.

      (b) Upon petition to the clerk of the court where the action will be filed, an automatic ninety-day extension of the statute of limitations shall be granted to allow the reasonable inquiry required by subsection (a) of this section. This period shall be in addition to other tolling periods.

      (c) The failure to obtain and file the written opinion required by subsection (a) of this section shall be grounds for the dismissal of the action.

      (P.A. 86-338, S. 12; P.A. 87-227, S. 9; P.A. 03-202, S. 14; P.A. 05-275, S. 2.)

      History: P.A. 87-227 amended Subsec. (a) to replace provision that "No action, accruing on or after October 1, 1986, shall be filed to recover damages for personal injury or wrongful death" with "No civil action shall be filed to recover damages resulting from personal injury or wrongful death occurring on or after October 1, 1987"; P.A. 03-202 amended Subsec. (a) by deleting provision re form prescribed by rules of the superior court and making technical changes; P.A. 05-275 amended Subsec. (a) to make provisions applicable to an apportionment complaint and the filing thereof, require the opinion of the similar health care provider to be signed and include a detailed basis for the formation of such opinion, require the claimant or the claimant's attorney and any apportionment complainant or apportionment complainant's attorney to retain the original written opinion and attach a copy of such written opinion, with the name and signature of the similar health care provider expunged, to such certificate and provide that such similar health care provider shall not, without a showing of malice, be personally liable by reason of having provided such written opinion and added new Subsec. (c) to provide that the failure to obtain and file the written opinion shall be grounds for dismissal of the action, effective October 1, 2005, and applicable to actions filed on or after that date.

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      Sec. 52-190b. Designation of negligence action against health care provider as complex litigation case. Not later than six months after the filing of an action to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, the court shall schedule a conference of the parties at which the court shall determine whether to recommend to the Chief Court Administrator, or the Chief Court Administrator's designee, that the action be designated as a complex litigation case and be transferred to the complex litigation docket. Nothing in this section shall be construed to preclude any party or a judge from, at any time, requesting the Chief Court Administrator, or the Chief Court Administrator's designee, to designate such action as a complex litigation case and transfer such action to the complex litigation docket.

      (P.A. 05-275, S. 3.)

      History: P.A. 05-275 effective July 13, 2005.

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      Sec. 52-192a. Offer of compromise by plaintiff. Acceptance by defendant. Amount and computation of interest. (a) After commencement of any civil action based upon contract or seeking the recovery of money damages, whether or not other relief is sought, the plaintiff may, not earlier than one hundred eighty days after service of process is made upon the defendant in such action but not later than thirty days before trial, file with the clerk of the court a written offer of compromise signed by the plaintiff or the plaintiff's attorney, directed to the defendant or the defendant's attorney, offering to settle the claim underlying the action for a sum certain. The plaintiff shall give notice of the offer of compromise to the defendant's attorney or, if the defendant is not represented by an attorney, to the defendant himself or herself. Within thirty days after being notified of the filing of the offer of compromise and prior to the rendering of a verdict by the jury or an award by the court, the defendant or the defendant's attorney may file with the clerk of the court a written acceptance of the offer of compromise agreeing to settle the claim underlying the action for the sum certain specified in the plaintiff's offer of compromise. Upon such filing and the receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk and the clerk shall record the withdrawal of the action against the defendant accordingly. If the offer of compromise is not accepted within thirty days and prior to the rendering of a verdict by the jury or an award by the court, the offer of compromise shall be considered rejected and not subject to acceptance unless refiled. Any such offer of compromise and any acceptance of the offer of compromise shall be included by the clerk in the record of the case.

      (b) In the case of any action to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, an offer of compromise pursuant to subsection (a) of this section shall state with specificity all damages then known to the plaintiff or the plaintiff's attorney upon which the action is based. At least sixty days prior to filing such an offer, the plaintiff or the plaintiff's attorney shall provide the defendant or the defendant's attorney with an authorization to disclose medical records that meets the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time, or regulations adopted thereunder, and disclose any and all expert witnesses who will testify as to the prevailing professional standard of care. The plaintiff shall file with the court a certification that the plaintiff has provided each defendant or such defendant's attorney with all documentation supporting such damages.

      (c) After trial the court shall examine the record to determine whether the plaintiff made an offer of compromise which the defendant failed to accept. If the court ascertains from the record that the plaintiff has recovered an amount equal to or greater than the sum certain specified in the plaintiff's offer of compromise, the court shall add to the amount so recovered eight per cent annual interest on said amount. The interest shall be computed from the date the complaint in the civil action was filed with the court if the offer of compromise was filed not later than eighteen months from the filing of such complaint. If such offer was filed later than eighteen months from the date of filing of the complaint, the interest shall be computed from the date the offer of compromise was filed. The court may award reasonable attorney's fees in an amount not to exceed three hundred fifty dollars, and shall render judgment accordingly. This section shall not be interpreted to abrogate the contractual rights of any party concerning the recovery of attorney's fees in accordance with the provisions of any written contract between the parties to the action.

      (P.A. 76-316, S. 2; P.A. 77-269, S. 1, 2; P.A. 79-60; 79-250, S. 1; P.A. 81-315, S. 3; P.A. 82-160, S. 94; 82-228; P.A. 83-295, S. 9; P.A. 92-110, S. 1; P.A. 94-20; P.A. 01-71, S. 1; P.A. 05-275, S. 4.)

      History: P.A. 77-269 amended Subsec. (c) to specify that provisions apply to "all claims, except claims which were assigned for trial on or before October 1, 1976" rather than to claims "accruing after October 1, 1976"; P.A. 79-60 raised annual interest on offer of judgment from six to twelve per cent in Subsec. (b); P.A. 79-250 authorized court to award attorney's fees not exceeding three hundred and fifty dollars and specified that provisions do not abrogate contractual rights concerning recovery of attorney's fees in Subsec. (b); P.A. 81-315 amended provisions in Subsec. (b) concerning computation of interest on judgments in actions commenced on or after October 1, 1981; P.A. 82-160 made minor technical changes to Subsecs. (a) and (b) and deleted Subsec. (c) which had provided "This section shall apply to all claims, except claims which were assigned for trial on or before October 1, 1976"; P.A. 82-228 amended Subsec. (a) by deleting the provision allowing a plaintiff to file a new offer of judgment after rejection and to continue to file offers up until trial, and amended Subsec. (b) by providing that interest is to be computed on the amount of the verdict rather than on the amount "contained in such offer" and by deleting a provision concerning what constituted the largest offer of judgment for purposes of computing interest; P.A. 83-295 amended Subsec. (b) by providing that interest is to be computed on and added to the "amount so recovered" rather than the "verdict"; P.A. 92-110 amended Subsec. (a) to authorize a plaintiff to file an offer of judgment in any civil action "seeking the recovery of money damages, whether or not other relief is sought" rather than in any civil action "for the recovery of money only"; P.A. 94-20 amended Subsec. (a) to require an offer of judgment to be accepted prior to the rendering of a verdict by the jury or an award by the court; P.A. 01-71 amended Subsec. (a) to require an offer of judgment to be filed not later than thirty days before trial and increase from thirty to sixty days the time period for filing an acceptance of the offer of judgment and made technical changes throughout section for purposes of gender neutrality; P.A. 05-275 replaced "offer of judgment" and "offer of settlement" with "offer of compromise" where appearing, amended Subsec. (a) to provide that the offer of compromise may be filed "not earlier than one hundred eighty days after service of process is made upon the defendant in such action", delete provision that the plaintiff is offering "to stipulate to a judgment", decrease from sixty days to thirty days the time period for the defendant to accept the offer, provide that when a defendant accepts an offer the defendant is agreeing "to settle the claim underlying the action for the sum certain stated in the plaintiff's offer of compromise" rather than "agreeing to a stipulation for judgment as contained in plaintiff's offer of judgment" and replace "Upon such filing, the clerk shall enter judgment immediately on the stipulation" with "Upon such filing and the receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk and the clerk shall record the withdrawal of the action against the defendant accordingly", added new Subsec. (b) re requirements for the filing of an offer of compromise in an action to recover damages for an injury or death resulting from the negligence of a health care provider, and redesignated existing Subsec. (b) as Subsec. (c) and amended said Subsec. to decrease the rate of annual interest from twelve per cent to eight per cent and delete obsolete provision re computation of interest in actions commenced before October 1, 1981, effective October 1, 2005, and applicable to actions accruing on or after that date.

      Subsec. (b):

      Calculation of interest under subsec. discussed. 88 CA 459.

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      Sec. 52-193. Offer of compromise by defendant. In any action on contract, or seeking the recovery of money damages, whether or not other relief is sought, the defendant may, not later than thirty days before trial, file with the clerk of the court a written offer of compromise signed by the defendant or the defendant's attorney, directed to the plaintiff or the plaintiff's attorney, offering to settle the claim underlying the action for a sum certain.

      (1949 Rev., S. 7942; 1959, P.A. 28, S. 175; P.A. 92-110, S. 2; P.A. 01-71, S. 2; P.A. 05-275, S. 5.)

      History: 1959 act deleted reference to actions before justices of the peace; P.A. 92-110 authorized the defendant to file an offer of judgment in any action "seeking the recovery of money damages, whether or not other relief is sought" rather than in any action "for the recovery of money only"; P.A. 01-71 required an offer of judgment to be filed not later than thirty days before trial and made technical changes for purposes of gender neutrality; P.A. 05-275 authorized the filing of "a written offer of compromise" that would offer "to settle the claim underlying the action for a sum certain" rather than "a written notice" that would offer "to allow the plaintiff to take judgment for the sum named in such notice", effective October 1, 2005, and applicable to actions accruing on or after that date.

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      Sec. 52-194. Acceptance of defendant's offer of compromise. In any action, the plaintiff may, within sixty days after being notified by the defendant of the filing of an offer of compromise, file with the clerk of the court a written acceptance of the offer signed by the plaintiff or the plaintiff's attorney agreeing to settle the underlying action for the sum certain specified in the defendant's offer of compromise. Upon the filing of the written acceptance and receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk of the court and the clerk shall record the withdrawal of the action against the defendant accordingly. No trial may be postponed because the period within which the plaintiff may accept the offer has not expired, except at the discretion of the court.

      (1949 Rev., S. 7943; 1959, P.A. 28, S. 111; P.A. 82-160, S. 95; P.A. 05-275, S. 6.)

      History: 1959 act deleted provisions for actions before justices of the peace; P.A. 82-160 rephrased the section; P.A. 05-275 increased from ten days to sixty days the time period for acceptance of the offer, replaced "offer of judgment" with "offer of compromise", provided that by filing the acceptance the plaintiff was "agreeing to settle the underlying action for the sum certain specified in the defendant's offer of compromise" and replaced "Upon the filing of the written acceptance, the court shall render judgment against the defendant as upon default for the sum so named and for the costs accrued at the time of the defendant's giving the plaintiff notice of the offer" with "Upon the filing of the written acceptance and receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk of the court and the clerk shall record the withdrawal of the action against the defendant accordingly", effective October 1, 2005, and applicable to actions accruing on or after that date.

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      Sec. 52-195. Effect of failure to accept defendant's offer of compromise. (a) If the plaintiff does not, within the time allowed for acceptance of the offer of compromise and before the commencement of the trial, file the plaintiff's notice of acceptance, the offer shall be deemed to be withdrawn and shall not be given in evidence.

      (b) Unless the plaintiff recovers more than the sum specified in the offer of compromise, with interest from its date, the plaintiff shall recover no costs accruing after the plaintiff received notice of the filing of such offer, but shall pay the defendant's costs accruing after the plaintiff received notice. Such costs may include reasonable attorney's fees in an amount not to exceed three hundred fifty dollars.

      (c) This section shall not be interpreted to abrogate the contractual rights of any party concerning the recovery of attorney's fees in accordance with the provisions of any written contract between the parties to the action. The provisions of this section shall not apply to cases in which nominal damages have been assessed upon a hearing after a default or after a demurrer has been overruled.

      (1949 Rev., S. 7944; P.A. 79-250, S. 2; P.A. 82-160, S. 96; P.A. 05-275, S. 7.)

      History: P.A. 79-250 specified that costs may include attorney's fees not exceeding three hundred fifty dollars and that provisions do not abrogate contractual rights re recovery of attorney's fees; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 05-275 amended Subsecs. (a) and (b) to replace "offer of judgment" with "offer of compromise" where appearing and make technical changes, effective October 1, 2005, and applicable to actions accruing on or after that date.

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      Sec. 52-212a. Civil judgment or decree opened or set aside within four months only.

      Trial court's clarification of injunctive order seven months after original order and modification was proper because court had continuing jurisdiction due to nature of injunctive order and internal inconsistencies in prior order. 275 C. 420.

      Statutory provisions of section do not operate to strip court of its jurisdiction over its judgments, but merely operate to limit period in which court may exercise its substantive authority to adjudicate merits of a case. 87 CA 735. Clerical error in recorded judgment with respect to amount of deficiency which is inconsistent with actual judgment, may be corrected by trial court at any time, even after expiration of four-month period set forth in section. 88 CA 592.

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      Sec. 52-215. Dockets. Jury cases. Court cases.

      Court did not improperly deny jury trial as to an interpleader. 87 CA 337.

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      Sec. 52-216b. Articulation to trier of fact of amount of damages claimed to be recoverable permitted.

      Standard for admission of future economic damages is that it must be reasonably probable that plaintiff will require certain treatment in the future as a result of defendant's conduct and in this case admitted statement was impermissible when based on possibility that plaintiff may require surgery in the future. 85 CA 383.

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      Sec. 52-225b. "Collateral sources" defined.

      Debts voluntarily forgiven by medical care provider and amounts paid by employer pursuant to wage continuation plan are not collateral sources. 49 CS 7.

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      Sec. 52-225d. Payment of damages in lump sum and periodic installments in personal injury, wrongful death and property damage actions. (a) In any civil action wherein the claimant seeks to recover damages resulting from personal injury, wrongful death or damage to property occurring on or after October 1, 1987, and wherein liability is admitted or determined by the trier of fact, the court shall proceed to enter judgment as follows: (1) The trier of fact shall make separate findings for each claimant specifying the amount of any economic damages and noneconomic damages, as defined in subsection (a) of section 52-572h. (2) The court shall take into account any applicable findings made by the court or jury and shall specify for each claimant the amount of recoverable economic damages and recoverable noneconomic damages, as defined in subsection (a) of section 52-572h. (3) The court shall enter judgment in a lump sum for all such recoverable economic damages and recoverable noneconomic damages up to an aggregate of two hundred thousand dollars. If the amount of such damages remaining is in excess of two hundred thousand dollars, the court shall provide the parties sixty days to negotiate and consent to an agreement to be incorporated into an amended judgment to provide for the payment of all such damages remaining in excess of two hundred thousand dollars in a lump sum or in periodic installment payments or in any combination thereof without regard to the provisions of this section.

      (b) (1) If the parties agree on the terms of payment pursuant to subdivision (3) of subsection (a) of this section, with respect to recoverable economic damages and recoverable noneconomic damages in excess of two hundred thousand dollars, the court shall, subject to a determination by the court that the terms of subsection (e) of this section have been satisfied, enter an amended judgment incorporating such agreement of the parties into the amended judgment. (2) If the parties fail to agree on the terms of payment pursuant to subdivision (3) of subsection (a) of this section, with respect to the payment of damages in excess of two hundred thousand dollars, the court shall enter an amended judgment to provide for the payment of such damages in a lump sum.

      (c) If an amended judgment for periodic installment payments is entered pursuant to subsection (b) of this section, that portion of the contingency fee or any other payment arranged between the claimant and the attorney for professional services relating to recoverable economic damages and recoverable noneconomic damages subject to periodic installment payments as required under such amended judgment shall be payable in periodic installment payments in accordance with an order to be entered by the court simultaneously with but separate and apart from the amended judgment, unless prior to the entry of that order the claimant and such attorney have otherwise agreed and so informed the court.

      (d) The time within which any party aggrieved by a judgment of the court made under this section may appeal shall run from the issuance of notice of the rendition of the later-filed of the judgment or amended judgment prescribed by subsection (a) of this section or the amended judgment prescribed by subsection (b) of this section.

      (e) The court shall require any party liable for the payment of damages in periodic installment payments to demonstrate to the court its ability to make such periodic installment payments and, if appropriate, at the discretion of the court, require such party to post and maintain security adequate to assure full payment of such party's portion of the unpaid damages.

      (f) If the court enters judgment for periodic installment payments pursuant to subsection (a) or (b) of this section and a claimant dies before the end of the period during which such periodic installment payments are to be made, the obligation of the defendant or defendants to make such periodic installment payments shall not cease until the remaining financial obligation of the defendant or defendants has, in accordance with an order of a court having jurisdiction in the matter, been paid into the estate of the claimant in periodic installment payments or distributed to the beneficiary or beneficiaries of the estate as such court may direct and such distribution shall be binding as to any party making periodic installment payments hereunder.

      (g) Nothing in this section shall be construed to limit the right of a claimant, defendant or defendants and insurers to settle claims as they consider appropriate and in their complete discretion at any time.

      (h) Following the fulfillment of all obligations specified in the judgment for periodic installment payments, any obligation of the defendant or any other person to make further payments pursuant to this section shall cease.

      (P.A. 86-338, S. 2; P.A. 87-227, S. 2; P.A. 05-288, S. 176.)

      History: P.A. 87-227 substantially revised and rewrote section including, inter alia, deleting definitions of future economic damages, past economic damages, future noneconomic damages and past noneconomic damages, changing applicability of section from "any civil action, accruing on or after October 1, 1986, whether in tort or in contract, wherein the claimant seeks to recover damages for personal injury or wrongful death" to "any civil action wherein the claimant seeks to recover damages resulting from personal injury, wrongful death or damage to property occurring on or after October 1, 1987," replacing provisions that required the trier of fact to specify past economic damages, future economic damages, past noneconomic damages and future economic damages and the court to apply applicable rules of law to such findings in calculating respective amounts of damages for each claimant to recover and each defendant to pay with provisions requiring the trier of fact to specify economic damages and noneconomic damages, as defined in subsection (a) of section 52-572h and the court to take into account applicable findings and specify for each claimant the amount of recoverable economic damages and recoverable noneconomic damages, as defined in subsection (a) of section 52-572h, replacing provisions that required the court to enter judgment in a lump sum for all past economic and past noneconomic damages and for all future economic and future noneconomic damages up to two hundred thousand dollars with provisions requiring a lump sum payment for all recoverable economic damages and recoverable noneconomic damages up to two hundred thousand dollars, replacing provisions that if the parties fail to agree on the payment of future economic and noneconomic damages in excess of two hundred thousand dollars the court shall enter judgment for periodic installment payments with provisions that if the parties fail to agree on the payment of recoverable economic and recoverable noneconomic damages in excess of two hundred thousand dollars the court shall enter an amended judgment to provide for a lump sum payment, deleting provisions concerning the amount and duration of periodic installment payments and prohibiting their modification, deleting provisions re payment of attorney's fees related to past economic and noneconomic damages and revising provisions re payment of attorney's fees related to damages subject to periodic installment payments, adding provisions re time period for appeal, making requirement of posting and maintaining security for unpaid damages discretionary with the court and revising provisions re the obligation of a defendant to make periodic installment payments upon the death of the claimant; P.A. 05-288 made technical changes in Subsecs. (b) and (c), effective July 13, 2005.

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      Sec. 52-228c. Remittitur when noneconomic damages in negligence action against health care provider determined to be excessive. Whenever in a civil action to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, the jury renders a verdict specifying noneconomic damages, as defined in section 52-572h, in an amount exceeding one million dollars, the court shall review the evidence presented to the jury to determine if the amount of noneconomic damages specified in the verdict is excessive as a matter of law in that it so shocks the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption. If the court so concludes, it shall order a remittitur and, upon 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. For the purposes of this section, "health care provider" means a provider, as defined in subsection (b) of section 20-7b, or an institution, as defined in section 19a-490.

      (P.A. 05-275, S. 10.)

      History: P.A. 05-275 effective July 13, 2005.

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