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CONNECTICUT OPINIONS OCTOBER 26, 2020 ¦ 31

to support his conclusion. The judgment of the arguing three of the four minor children had
trial court was affirmed. emancipated, defendant was engaged and cohab-
iting with her new fiancé, and that defendant’s
expenses had increased substantially. The court
DAMAGES modified the child support and alimony award,

Court Declines to Uphold Conclusion but not substantially, while also ordering the de-
that Injured Pedestrians Suffer Greater fendant to pay attorney fees for plaintiff’s rep-
resentation during the postjudgment motion.
Defendant appealed, arguing the court abused
Emotional Distress in Vehicle Collisions its discretion by failing to determine which por-

CASE: Autry v. Hosey tion of the award consisted of alimony and which
COURT: Connecticut Appellate Court
DOC. NO.: AC 42869 portion constituted child support. Specifically,
COURT OPINION BY: Prescott defendant argued the trial court erred by failing
DATE: October 13, 2020 • PAGES: 6 to apply the child support guidelines in determin-
ing the award, and the court agreed. The court
Plaintiff was struck by a police cruiser operated found the trial court erred in failing to determine
by defendant when she was crossing a street and which portions of the award were allocated for
cut a corner from the crosswalk. Plaintiff was in- child support, as required in the guidelines. The
jured as a result of the collision, and allegedly suf- court reversed and remanded on the postdissolu-
fered injuries. Medical treatment expenses for her tion order, as well as the award of attorney fees.
injuries were reasonably found to be $5,738, with
lost wages totaling $626. The court found, and
the parties agreed, that defendant was 65 percent WRONGFUL DEATH •

responsible and plaintiff was 35 percent respon- CIVIL PROCEDURE • GOVERNMENT
sible. The trial court awarded the full amount in
economic damages, as well as a noneconomic Court Reverses Trial Court on
damage award of $30,000, while declaring that Municipal Immunity as Applied to an
the emotional distress suffered by pedestrians
involved in vehicle collisions was greater than Apportionment Claim
that suffered by vehicle passengers or drivers.
Defendant appealed, arguing that the conclusion CASE: Costanzo v. Town of Plainfield
that pedestrians suffer greater emotional distress COURT: Connecticut Appellate Court
was clearly erroneous, and the court agreed. The DOC. NO.: AC 42765
court noted that no emotional distress facts were COURT OPINION BY: DiPentima
presented to the court, and therefore the conclu- DATE: October 13, 2020 • PAGES: 1
sion was erroneous. The court reversed only the
noneconomic damage award, and remanded. The decedent accidently drowned in an aboveg-
round swimming pool in 2016. Plaintiff, as ad-
ministratrix of the decedent, alleged that two
city officials in charge of issuing building permits
FAMILY LAW wrongfully delivered one such permit to the owner
of the aboveground pool, where the pool did not
Court Reverses Trial Court’s Unallocated have the required safety features of an alarm or
Alimony and Child Support Awards locking fence. Plaintiff also alleged that these two
officials knew or should have known that the pool
did not have these safety features, and brought a
CASE: Ross v. Ross wrongful death and recklessness claim on behalf
COURT: Connecticut Appellate Court
DOC. NO.: AC 42950 of the decedent. At trial, the defendants alleged
that the negligence of the property owners was
COURT OPINION BY: Keller the true proximate cause of the death, and filed
DATE: October 13, 2020 • PAGES: 15
Parties’ marriage was dissolved in 2013, and the an apportionment complaint against the tenants
judgment incorporated a separation agreement and owners of the pool when it was constructed.
which gave joint legal custody to each of the Plaintiffs filed an objection to the apportionment
minor children, with physical custody given to complaint, which the trial court treated as a mo-
plaintiff and defendant obligated to pay alimony tion to strike, and granted on the basis that the
and child support. In 2017, defendant moved to apportionment complaint was inapplicable to
modify the alimony and child support payments, recklessness. The trial court sustained plaintiff’s

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