Clay v. Teach

In Clay v. Teach, 37 Conn. App. 556, 656 A.2d 1065, cert. denied, 234 Conn. 902, 659 A.2d 1205 (1995), even though the defendants were found liable the burden of proof as to the amount of damages sustained was upon the plaintiff. The Court stated: "The fact that a technical legal injury has been done . . . to the plaintiff . . . entitles the plaintiff to at least nominal damages. . . . Thus, the jury's failure to award at least nominal damages, and the return of a verdict for the defendants on the issue of damages, is technically incorrect. Nevertheless, we will not ordinarily reverse and grant a new trial for the mere failure to award nominal damages. . . . The difference between no damages and nominal damages does not shock the sense of justice and automatically mandate a new trial. This is especially true when the plaintiff has consented to the submission of the defendants' verdict form to the jury." Id. at 560.