Corbo v. Savluk

Citations

• 209 Conn. App. 351

Syllabus

The plaintiff sought to recover damages for personal injuries that she alleg- edly sustained during a motor vehicle accident as a result of the defen- dant's negligence. Several days after the accident, the plaintiff visited a walk-in clinic, where medical personnel conducted a physical examina- tion of the plaintiff. The clinic's medical report noted that the plaintiff reported experiencing tenderness near her sternum and rib cage. Approximately one week later, the plaintiff had an initial appointment with a chiropractor, at which she presented with various other areas of pain. At trial, the defendant's counsel cross-examined the plaintiff regarding alleged inconsistencies in the descriptions of her reported symptoms at her visit to the walk-in clinic and at the chiropractor, and sought to introduce evidence of the date that the plaintiff first contacted an attorney. The court permitted the defendant's counsel to introduce into evidence a letter that indicated that the plaintiff retained counsel in the period between her visit to the walk-in clinic and her appointment at the chiropractor to explain why her description of injuries to the chiropractor lacked credibility. Following the jury's verdict in favor of the defendant, the plaintiff filed a motion to set aside the verdict, claiming that the admission of the letter, was improper. The trial court denied the motion and rendered judgment in accordance with the verdict, from which the plaintiff appealed to this court. Held: 1. The trial court did not abuse its discretion when it allowed the defendant's counsel to question the plaintiff about the timing of her first consultation with counsel after the motor vehicle accident for purposes of impeach- ment: the examination of the plaintiff by the defendant's counsel as to that issue was relevant to the defendant's claim that the plaintiff lacked credibility due to her changing descriptions of her injuries between visiting a walk-in clinic and commencing treatment with