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Keywords

contractlawsuitbreach of contractplaintiffdefendantdamagestrialmotionpunitive damagesjury trial
contractplaintiffdefendantdamagesliabilityappealtrialverdictmotionsustainedpunitive damagescompensatory damages

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Carrol v. Allstate Ins. Co., 262 Conn. 433, 815 A.2d 119

Facts

On January 21, 1997, a fire destroyed a significant portion of Oswald Carrol's home. The fire was caused by gasoline mistakenly filled in a kerosene container by a service station attendant. After the fire, Allstate Insurance Company, Carrol's insurer, concluded that the fire was the result of arson and refused to reimburse Carrol for personal property losses. Carrol filed a lawsuit against Allstate for breach of contract and emotional distress, leading to a jury trial.

The jury reasonably could have found the following facts. On January 21, 1997, a fire destroyed a significant portion of the plaintiff's house in Norwalk, which he had owned with his wife for more than twenty years. The evening before the fire, the plaintiff had gone to a local service station to purchase kerosene for use in a kerosene heater. The plaintiff noticed that the container smelled 'bad,' but nevertheless stored it in the basement of his house. Unbeknownst to the plaintiff, the attendant had filled the container with gasoline instead of kerosene.

Issue

The main legal issues were whether there was sufficient evidence to support the jury's findings of intentional and negligent infliction of emotional distress and whether the damages awarded were excessive.

The dispositive issues in this appeal are whether: (1) there was sufficient evidence to support the jury's finding that the defendant was liable for intentional infliction of emotional distress; (2) there was sufficient evidence to support the jury's finding that the defendant was liable for negligent infliction of emotional distress; and (3) the $500,000 awarded as compensatory damages was excessive.

Rule

To establish intentional infliction of emotional distress, the plaintiff must prove that the defendant's conduct was extreme and outrageous. For negligent infliction of emotional distress, the plaintiff must show that the defendant's conduct created an unreasonable risk of causing emotional distress.

In order for the plaintiff to prevail in a case for liability under … [intentional infliction of emotional distress], four elements must be established. It must be shown: (1) that the actor intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct; (2) that the conduct was extreme and outrageous; (3) that the defendant's conduct was the cause of the plaintiff's distress; and (4) that the emotional distress sustained by the plaintiff was severe….

Analysis

The court found that the evidence did not support the jury's conclusion that Allstate's conduct was extreme and outrageous, which is necessary for a claim of intentional infliction of emotional distress. However, the court upheld the jury's finding of negligent infliction of emotional distress, noting that Allstate's investigation was hasty and possibly influenced by racial bias, which created an unreasonable risk of emotional distress for Carrol.

As a result of the jury's finding of intentional infliction of emotional distress, the trial court awarded the plaintiff $60,000 in punitive damages. On the basis of our conclusion that the evidence was not sufficient to support the jury's finding, we conclude that the trial court improperly denied the defendant's motion to set aside the verdict on this claim.

Conclusion

The Supreme Court affirmed the jury's finding of negligent infliction of emotional distress and the damages awarded but reversed the finding of intentional infliction of emotional distress, vacating the punitive damages awarded on that count.

The judgment is reversed only with respect to the finding of intentional infliction of emotional distress and the case is remanded with direction to vacate the award of punitive damages on that count; the judgment is affirmed in all other respects.

Who won?

Oswald Carrol prevailed in the case, as the jury found Allstate liable for negligent infliction of emotional distress and breach of contract, awarding him significant damages.

The jury found that the defendant had breached the insurance contract and that the defendant was liable for both intentional and negligent infliction of emotional distress.

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