Sampiere v. Zaretsky
Sampiere v. Zaretsky, 26 Conn. App. 490, 602 A.2d 1037, cert. denied, 222 Conn. 902, 606 A.2d 1328 (1992), a medical malpractice case, the plaintiff failed to allege in her complaint that she would be forced, as a result of the claimed malpractice, to incur future medical expenses. Id., 492.
The trial court, however, instructed the jury that it could award such expenses. Id.
On appeal, this court reversed the judgment for the plaintiff on the basis of that improper instruction and stated that the allegations in her complaint "explicitly limited her right of recovery to those expenses incurred prior to the trial." Id., 496.
The Court also stated that "even a broad reading of the complaint did not give the defendant notice of the additional issue." Id.