Conn. Civ. Jury Instr. 3.4-9

Ladies and gentlemen, I have reviewed your verdict and see that you have found in favor of the

plaintiff and awarded economic damages but have awarded zero non-economic damages. Please

note, however, that if you find that the physical injury that serves as the basis of your award of

economic damages caused the plaintiff to experience any pain or suffering, non-economic

damages are not an optional element of the damage award and you must award non-economic

damages that are fair, just and reasonable as you were previously instructed.

To help eliminate any concerns either party might have, I am going to ask you to go back and

review your verdict. In addition to my instructions regarding the plaintiff’s burden of proving

damages, you should also remember my instruction that even momentary pain and suffering is

compensable.

Now, in sending you back for further deliberations, I am in no way suggesting that you should

change your verdict. I am simply asking you to review your thought processes to determine if

you find that the physical injury that serves as the basis of your award of economic damages

caused the plaintiff to experience any pain or suffering. I am giving you a new verdict form,

which you should use if you decide to change your verdict.