Goss v. Bella Notte of West Hartford, Inc.
Goss v. Bella Notte of West Hartford, Inc.
Opinion of the Court
Opinion
The plaintiff Donald Goss
The defendants failed to file a brief, and we therefore consider this matter on the record and on the plaintiffs brief.
At the hearing in damages, the plaintiff testified as to what had occurred at the Bella Notte Restaurant and briefly described his injuries. There were no other witnesses, but the plaintiff introduced into evidence medical reports and bills. The court, apparently skeptical about the account given by the plaintiff, asked why he became involved in the altercation. Clearly, the court’s suspicions, whatever they were, were not allayed by his answers because it thereafter found that the plaintiffs credibility was impeached and that he was contributorily negligent because he had interceded. The court concluded that, in the absence of credible evidence, it could not find that the negligence of the defendants was greater than that of the plaintiff and rendered judgment in favor of the defendants.
The plaintiff claims that because the defendants had been defaulted, liability had been conceded, and the
The record shows that the nonappearing defendants had not filed a notice of defenses in the trial court. In the absence of such notice, entry of default, when appropriately made, conclusively determines the liability of the defendants, leaving the determination of damages as the only issue before the court. Bank of New York v. National Funding, 97 Conn. App. 133, 138, 902 A.2d 1073, cert. denied, 280 Conn. 925, 908 A.2d 1087 (2006). If the plaintiff alleges sufficient material facts to support a judgment, the entry of default relieves him of the need to prove those facts. Id. Although the plaintiff must still prove the damages he seeks, ordinarily he is entitled to at least nominal damages following an entry of default. Id., 138-40.
In the first count, the plaintiff alleged, inter alia, that the defendants negligently failed to provide adequate security, failed to monitor adequately the area where patrons gathered, allowed an excessive number of patrons in the bar area and continued to serve intoxicated persons there. In the second count, he alleged that the defendants recklessly and wantonly continued to serve alcohol to intoxicated persons, knowing that they were prone to violent behavior.
We conclude that the plaintiff alleged sufficient material facts to support a judgment against the defendants and that the court improperly disregarded the default in rendering judgment for the defendants. See Mountview Plaza Associates, Inc. v. World Wide Pet Supply, Inc., 76 Conn. App. 627, 632, 820 A.2d 1105 (2003).
The judgment is reversed in part
In this opinion the other judges concurred.
Earlene Goss was also a plaintiff, but she has not appealed. We therefore refer in this opinion to Donald Goss as the plaintiff.
The judgment was not challenged by the plaintiff Earlene Goss, and the judgment against her is not affected by our reversal.
Reference
- Full Case Name
- DONALD GOSS v. BELLA NOTTE OF WEST HARTFORD, INC.
- Cited By
- 1 case
- Status
- Published