Opinion
No. (AC 25804).
Argued June 1, 2005.
Officially released September 6, 2005.
Action to recover uninsured motorists benefits allegedly due from the self-insured named defendant, brought to the Superior Court in the judicial district of New Haven, where the court, Hon. Ronald J. Fracasse, judge trial referee, granted the plaintiff's motion to cite in as a defendant American Manufacturers Mutual Insurance Company; thereafter, the action was withdrawn as against the defendant Progressive Casualty Insurance Company; subsequently, the matter was tried to the court, Blue, J.; judgment in part for the plaintiff, from which the named defendant appealed to this court; thereafter, the action was withdrawn as against American Manufacturers Mutual Insurance Company. Affirmed.
Audrey C. Kramer, assistant corporation counsel, for the appellant (named defendant).
William B. Wynne, with whom, on the brief, was Frank B. Velardi, Jr., for the appellee (plaintiff).
Opinion
The plaintiff, Raymond Hassett, a lieu-tenant with the New Haven police department, brought this uninsured motorists action against the defendant city of New Haven seeking damages under the city's self-insured uninsured motorists policy. The action arose from an accident in which the plaintiff, while on duty in his police vehicle, was struck by a negligent uninsured motorist. Because of the accident, the plaintiff was unable to work for approximately three weeks. He underwent physical therapy for several months and eventually made a complete recovery. The defendant stipulated to liability at the beginning of trial, and the court heard evidence of the plaintiffs damages. The parties stipulated that the plaintiff suffered economic damages in the amount of $8395.66, consisting of $4130.50 in medical expenses and $4265.16 in lost wages and overtime. The court concluded that the plaintiff also suffered $6000 in noneconomic damages, which the defendant does not challenge on appeal. The sum of the plaintiffs economic and noneconomic damages equaled $14,395.66. Hassett v. New Haven, 49 Conn. Sup. 7, 9, 858 A.2d 922 (2004). The parties also agree that the defendant is entitled to offset that sum by $3009.03 for medical bills paid by the defendant. The court awarded the plaintiff $11,386.63 in economic and noneconomic damages.
The plaintiff also named as a defendant his personal insurance carrier, American Manufacturers Mutual Insurance Company. Because the plaintiffs damages did not exceed his maximum coverage under the city of New Haven's self-insured policy, there was no award of damages for which American Manufacturers Mutual Insurance Company was responsible. Only the defendant city of New Haven has appealed. We therefore refer in this opinion to the city of New Haven as the defendant.
On appeal, the defendant claims that the court improperly concluded that economic damages, determined pursuant to General Statutes § 52-572h, included (1) the difference between the amount of medical bills incurred and the amount paid, which subsequently was forgiven by the medical care providers voluntarily, not pursuant to any insurance plan or contract and (2) lost wages paid by workers' compensation. The defendant claims, in the alternative, that the difference between the medical bills incurred and the amount paid should be deducted as a collateral source pursuant to General Statutes § 52-225b. We disagree with the defendant and, therefore, affirm the judgment of the trial court.
The defendant asserts that the plaintiff is entitled to $964.17 for lost wages, which represents the difference between workers' compensation payments and the amount the plaintiff would have earned in wages and overtime.