Daley v. J.B. Hunt Transport, Inc.
Daley v. J.B. Hunt Transport, Inc.
Opinion
*588 The defendants, J.B. Hunt Transport, Inc. (J.B. Hunt), and David Bryant, appeal, and the plaintiff, *589 Dwight Daley, cross appeals, from the judgment of the trial court rendered in accordance with a jury verdict returned in favor of the plaintiff. The threshold issue raised by the defendants on appeal that we must resolve is whether the court erred in declining to conduct a postverdict evidentiary hearing to determine whether one of the jurors, R.L., 1 had been competent to serve on the jury. We conclude that the court committed *637 error, and we reverse in part the judgment of the court and remand the case for further proceedings while retaining our jurisdiction over the remaining claims on appeal and over the cross appeal pending the outcome of the proceedings on remand.
The following facts, as found by the trial court in its memorandum of decision or as undisputed in the record, and procedural history are relevant to our resolution of the threshold issue before us. In December, 2013, the plaintiff commenced the underlying action against the defendants. In the operative complaint (complaint), the plaintiff alleged, inter alia, that the defendants terminated his employment despite previously having assured him that he could return to work after he recovered from injuries he had sustained as a result of a motor vehicle accident unrelated to his employment. The complaint included, inter alia, the following counts asserted against the defendants: violation of the Connecticut Fair Employment Practices Act, General Statutes § 46a-60 et seq. ; promissory estoppel; negligent misrepresentation; fraudulent misrepresentation; and, as to J.B. Hunt only, breach of the implied covenant of good faith and fair dealing. The defendants denied the plaintiff's substantive allegations and raised several special defenses. The plaintiff denied the allegations of the defendants' special defenses.
*590 The case was tried to a jury over the course of seven days in August, 2016. Shortly after 5 p.m. on Thursday, August 11, 2016, following less than one day of deliberations, 2 the jury returned a verdict in favor of the plaintiff, awarding him $200,000 in economic damages and $25,000 in noneconomic damages. In reaching its verdict, the jury answered several interrogatories. 3 On the record, the clerk twice read the jury's verdict and its answers to the interrogatories, and, after each recitation, the clerk asked the jury to confirm its verdict. All of the jurors, including R.L., replied "yes" on both occasions. 4 The trial court, Hon. William B. Rush , judge trial referee, thereupon accepted and recorded the verdict at 5:08 p.m.
On Friday, August 12, 2016, R.L. appeared at the courthouse where the underlying case had been tried and notified court staff that she was ready to continue jury deliberations. 5 Judge Rush spoke with *638 R.L. in the *591 civil caseflow office and reminded her that the jury had returned its verdict in favor of the plaintiff the day before. Judge Rush also reminded R.L. of the amount of the verdict. In response to that information, R.L. became visibly upset and stated that she did not remember the jury concluding its deliberations or returning its verdict. Immediately thereafter, the court scheduled a status conference, which took place in chambers on August 16, 2016, during which he apprised the parties' attorneys of the events that had transpired regarding R.L. During the status conference, the court also provided the attorneys with a copy of a handwritten letter submitted by R.L. to the court, 6 which was dated August 12, 2016, in which R.L. wrote in relevant part: Upon arriving at the courthouse for the purpose of finishing the jury's deliberations, she was "surprise[d]" to learn that the jury had returned its verdict; she did not remember the jury concluding its deliberations or returning its verdict the day before; she did not have a prior history of "memory gaps," but she "definitely" had experienced such a memory lapse with regard to the jury's deliberations and the return of its verdict; she was concerned that she may have suffered "other gaps" during *592 the trial; she was sixty-four years old and intended to undergo a medical evaluation to determine whether she had "dementia /Alzheimer's [disease]," which had been recommended to her by a caregiver because her mother had been diagnosed with early onset Alzheimer's disease at sixty years of age; and she disagreed with the amount of the verdict, as she would "never want [the defendants] to pay any more than [thirty, forty, maybe fifty] thousand [dollars]." (Emphasis in original.)
On September 16, 2016, the defendants filed a motion seeking a new trial on the ground that R.L. had been incompetent during the trial, thereby depriving them of their right to due process. 7 As alternative relief, the defendants requested that the court conduct an evidentiary hearing to evaluate R.L.'s competency. 8 The plaintiff opposed that motion.
On October 11, 2016, the trial court heard argument on, inter alia, the defendants' motion seeking a new trial or, alternatively, *639 an evidentiary hearing addressing R.L.'s competency during trial. By way of a memorandum of decision dated November 4, 2016, the court denied the motion seeking a new trial, including the alternative request for an evidentiary hearing. 9 The court found that, during jury selection, the parties had deemed R.L. to be an acceptable juror, and that none of the parties had challenged the competency of R.L. during the evidentiary portion of the trial, jury deliberations, or the return and acceptance of the jury's verdict. *593 It also found that R.L., along with the other jurors, twice confirmed the verdict on the record.
In addition, the court determined that, although a specific claim of juror misconduct generally would require an inquiry by the court, a juror's failure to remember deliberations that resulted in a verdict did not constitute juror misconduct. The court further stated in relevant part: "The instructions to the jury by the court ... instructed the jury that each juror must decide the case for themselves and not merely acquiesce in the verdict of their fellow jurors. The fact that, after the lengthy deliberations and the [rendition and acceptance of the verdict], a juror does not remember those events does not mean that they did not take place in accordance with our laws. The notes of the court indicate the instructions to the jury were completed at 11:03 a.m. and that the verdict was accepted shortly after 5 p.m. so that it is not a short period of time that [R.L.] cannot recall. However the failure to recall those events is itself a postverdict event. The holding of a hearing on [the] issue of the competence of [R.L.] during the course of the trial, the deliberations of the jury and the rendition and acceptance of the verdict would require, for a thorough analysis, an inquiry into areas which, under the law, the court cannot do. If [R.L.] cannot recall the deliberations and the rendition of the verdict it is doubtful that [R.L.] could reliably recall the state of her competency during the trial itself and any further inquiry would involve the court directly in the process of the deliberations. Accordingly, the request of the defendants to hold a hearing and the motion to set aside the verdict on the issues raised [concerning R.L. are] hereby denied." 10 This appeal and cross appeal followed.
*594 The threshold issue raised by the defendants on appeal is whether, in light of the events involving R.L. that transpired on Friday, August 12, 2016, the trial court erred in declining to conduct a postverdict evidentiary hearing to determine whether R.L. had been competent to serve as a juror during the trial. We conclude that, under the unique circumstances of the present case, the court committed error in failing to hold a postverdict evidentiary hearing to examine R.L.'s competency.
We begin by setting forth the relevant standard of review. "We consistently have held that, unless otherwise required by
*640
statute, a rule of practice or a rule of evidence, whether to conduct an evidentiary hearing generally is a matter that rests within the sound discretion of the trial court." (Internal quotation marks omitted.)
Customers Bank
v.
CB Associates, Inc.
,
As an initial matter, we note that, in cases involving specific allegations of juror
misconduct
, a trial court is required to perform a preliminary inquiry into those allegations. See
Harrison
v.
Hamzi
,
In
Sullivan
v.
Fogg
,
On appeal from the denial of his petition for a writ of habeas corpus, the petitioner claimed that his right to due process had been violated as a result of the trial court's failure to conduct a full and fair hearing to evaluate the juror's competency.
We adopt the standard set forth in
Sullivan
, namely, that there must be a preliminary showing of strong evidence that a juror likely was incompetent during his or her jury service before a trial court is required to conduct a full postverdict inquiry into the juror's competency.
In the present case, the defendants assert that there was sufficient evidence in the record indicating that R.L. likely was not competent to serve on the jury and, therefore, the court should have held a postverdict evidentiary hearing to inquire into R.L.'s competency. In response, the plaintiff argues, inter alia, that there was no evidence in the record suggesting that R.L. had been incompetent during her jury service. We agree with the defendants. One day after the jury had finished deliberating and returned its verdict, R.L. spoke with Judge Rush personally and informed him that she could not recall the conclusion of the jury's deliberations or *599 the return of the verdict. In addition, in her letter submitted to the court, R.L. wrote that she was "surprise[d]" to learn that the jury had returned its verdict, she "definitely" had experienced a "memory gap" with respect to the jury's deliberations and the return of the verdict, and she was concerned that she may have suffered other mental lapses during the trial. She further wrote that she planned to undergo a medical evaluation, which had been recommended to her by a caregiver, to determine whether she suffered from "dementia /Alzheimer's [disease]," particularly given that her mother had been diagnosed with early onset Alzheimer's disease at approximately her age. Although there had not been any overt indication prior to the jury returning its verdict that R.L. may have been suffering from a medical condition that rendered her incompetent during her jury service, we conclude that R.L.'s statements to Judge Rush and her letter submitted to the court constitute strong evidence that R.L. likely had been incompetent during her jury service, such that a full inquiry by the court into R.L.'s competency was necessary. 12 Thus, the *643 court erred in failing to hold a postverdict evidentiary *600 hearing to determine whether R.L. had been competent to serve as a juror during the trial. 13
Having concluded that the trial court committed error in failing to conduct a full postverdict inquiry into R.L.'s competency during the trial, we reverse the portion of the judgment denying the defendants' motion seeking a new trial or, alternatively, an evidentiary hearing addressing R.L.'s competency and remand the case for an evidentiary hearing to determine whether R.L. had been competent to serve as a juror.
14
Deciding the form
*601
and scope of the hearing to be held on remand is within the discretion of the trial court.
15
See, e.g.,
*644
Sullivan
v.
Fogg
, supra,
The judgment is reversed only as to the denial of the defendants' motion seeking a new trial or, alternatively, an evidentiary hearing and the case is remanded for further proceedings consistent with this opinion. We retain jurisdiction over the case in order to resolve, as necessary, the remaining claims presented in the appeal *604 and the cross appeal pending the outcome of the proceedings on remand.
In this opinion the other judges concurred.
To protect the privacy of the juror discussed in this opinion, we shall refer to her only by her initials. See
Hurley
v.
Heart Physicians, P.C.
,
The jury was charged on August 11, 2016.
On the basis of its answers to the interrogatories, the jury found in favor of the plaintiff on the following counts: promissory estoppel; negligent misrepresentation; fraudulent misrepresentation; and breach of the covenant of good faith and fair dealing.
After the jury twice had confirmed its verdict, the trial court submitted two additional interrogatories to the jury, namely: (1) whether the plaintiff was entitled to recover $225,000 in damages from the defendants collectively; or (2) whether the plaintiff was entitled to recover $225,000 in damages from each defendant, for a total amount of $450,000. The jury answered "yes" to the first interrogatory and "no" to the second interrogatory. On the record, the court read the jury's answers to those interrogatories and asked the jury to confirm its answers. All of the jurors, including R.L., replied "yes."
In a memorandum of decision disposing of, inter alia, several postverdict motions, the trial court stated that the verdict had been accepted on "Friday August 11, 2016" and that R.L. had gone to the courthouse "[t]he following Tuesday ...." On July 10, 2017, the parties filed a joint motion to correct the memorandum of decision, to reflect, inter alia, that R.L.'s postverdict appearance at the courthouse occurred on Friday, August 12, 2016, and that the parties' attorneys had attended a status conference with the court on Tuesday, August 16, 2016, to discuss the events concerning R.L. The court neither ruled on the joint motion to correct nor amended the memorandum of decision at any time thereafter.
We take judicial notice that August 11, 2016, was a Thursday and August 12, 2016, was a Friday. See
Federal Deposit Ins. Corp.
v.
Napert-Boyer Partnership
,
R.L. addressed the letter to the Honorable Barbara N. Bellis, the presiding civil judge for the judicial district of Fairfield.
The trial court granted the parties an extension of time to file postverdict motions through September 16, 2016.
On August 23, 2016, the defendants filed a caseflow request asking the trial court to schedule an evidentiary hearing to determine whether R.L. had been competent to serve on the jury. The plaintiff opposed that request.
In its memorandum of decision, the trial court also denied the following: a motion to set aside the verdict and for judgment notwithstanding the verdict filed by the defendants; a motion for punitive damages filed by the plaintiff; a motion for prejudgment and postjudgment interest filed by the plaintiff; and a request to file an amended complaint filed by the plaintiff.
Although the trial court stated that it was denying "the request of the defendants to hold a hearing and the motion to set aside the verdict on the issues raised [concerning R.L.]," we construe the court's ruling as a denial of the defendants' motion seeking a new trial or, alternatively, an evidentiary hearing to address R.L.'s competency. The court subsequently denied the defendants' separate motion to set aside the verdict and for judgment notwithstanding the verdict.
In
Sullivan
, the Second Circuit distinguished the case before it from
United States
v.
Dioguardi
,
In
Sullivan
, the Second Circuit determined that
Dioguardi
was distinguishable, stating: "In
Dioguardi
, unlike this case, there was
no evidence
that the alleged feelings of clairvoyance and other psychic phenomena exhibited by the juror after trial were present
during trial
. In addition, the evidence in [
Dioguardi
] consisted of a letter written by the juror to the defendant. Here the juror's own statements indicated that the delusions occurred during trial, and there was ample justification for ordering a further inquiry." (Emphasis added.)
Sullivan
v.
Fogg
, supra,
We consider the unique circumstances of this case to be more analogous to Sullivan than to Dioguardi . In her unsolicited statements made personally to Judge Rush and/or in her letter submitted to the court, R.L. expressed: she was "surprise[d]" to learn that the jury had returned its verdict, as she had no recollection of the jury concluding its deliberations or returning its verdict; although she did not have a prior history of "memory gaps," she "definitely" had experienced such a memory lapse as to the jury's deliberations and the return of its verdict and she feared that she potentially had suffered "other gaps" during the trial; and she was sixty-four years old and intended to undergo a medical evaluation to determine whether she had "dementia /Alzheimer's [disease]," per a caretaker's recommendation because her mother had been diagnosed with early onset Alzheimer's disease at sixty years of age. Here, as in Sullivan and unlike Dioguardi , the evidence in the record indicates that it is likely that R.L. suffered from a medical condition that rendered her incompetent during the trial , and the evidence was not limited to the letter submitted by R.L. to the trial court, but also consisted of unsolicited statements made personally by R.L. to Judge Rush. See footnote 11 of this opinion.
The plaintiff argues that, even assuming that R.L. had been incompetent to serve as a juror, there is no indication that the defendants were prejudiced by R.L.'s incompetency. We disagree. Due process requires that jurors be sane and competent during trial.
Sullivan
v.
Fogg
, supra,
We note that we consider our conclusion to be consistent with the United States Supreme Court's decision in
Tanner
v.
United States
,
The plaintiff argues that an evidentiary hearing addressing R.L.'s competency necessarily would require an inquiry into R.L.'s mental processes during the jury's deliberations in violation of Practice Book § 16-34. We disagree. Section 16-34 provides: "Upon an inquiry into the validity of a verdict, no evidence shall be received to show the effect of any statement, conduct, event or condition upon the mind of a juror nor any evidence concerning mental processes by which the verdict was determined. Subject to these limitations, a juror's testimony or affidavit shall be received when it concerns any misconduct which by law permits a jury to be impeached." The proscription contained in § 16-34 is not implicated here. An inquiry into R.L.'s competency will not require the parties or the court to delve into the substance of the jury's deliberations or R.L.'s "mental processes by which the verdict was determined"; rather, the relevant inquiry will be whether R.L. suffered from a medical condition that would have prevented her from fulfilling her duties as a competent juror.
We are aware that a considerable amount of time has passed since the verdict was returned and accepted in this case. We expect that, in exercising its discretion on remand, the trial court will consider the passage of time.
Thereupon, pursuant to Practice Book § 61-9, the parties may file an amended appeal and/or an amended cross appeal, as the case may be, for the narrow purpose of seeking appellate review of any subsequent rulings made by the trial court on remand.
In addition, to avoid triggering a dispute over the application of General Statutes § 51-183c, we make clear that we perceive no bar to Judge Rush, if available, conducting the proceedings on remand as ordered herein. See
State
v.
Santiago
,
The plaintiff also moved for an award of prejudgment interest, which the trial court denied. During oral argument before this court, the plaintiff conceded that he is not pursuing his claim on appeal regarding prejudgment interest.
Reference
- Full Case Name
- Dwight DALEY v. J.B. HUNT TRANSPORT, INC., Et Al.
- Cited By
- 3 cases
- Status
- Published