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Blinn v. Sindwani

Appellate Court of Connecticut

September 10, 2019

David BLINN
v.
Desh SINDWANI

         Argued March 19, 2019

Page 115

[Copyrighted Material Omitted]

Page 116

          The Superior Court, Judicial District of Tolland, Farley, J.

         Affirmed.

          Blake A. Driscolli, with whom was Peter J. Brown, for the appellant (plaintiff).

         Julie Harris, with whom, on the brief, was Yelena Akim, for the appellee (defendant).

         Alvord, Keller and Beach, Js.

          OPINION

         BEACH, J.

         [192 Conn.App. 526] In this personal injury action arising out of an automobile accident, the plaintiff, David Blinn, appeals from the judgment of the trial court rendered following a jury verdict against the defendant, Desh Sindwani. The plaintiff claims that the court erred by sustaining the defendant’s objection to his motions in limine that sought to preclude evidence of the plaintiff’s (1) prior misconduct and (2) citation arising from a motor vehicle accident that occurred on June 6, 2014, [192 Conn.App. 527] which resulted in a violation of the plaintiff’s probation stemming from a 2013 conviction for operating a motor vehicle while under the influence of intoxicating liquor or drugs in violation of

Page 117

General Statutes § 14-227a. We affirm the judgment of the trial court.

          The following facts which the jury reasonably could have found and procedural history are relevant on appeal. On June 15, 2012, the plaintiff was operating his motorcycle on Route 83 in Rockville, Connecticut. As he traveled northbound, he approached Pease Farm Road in Ellington on his right. The defendant was stopped at a stop sign on Pease Farm Road waiting to proceed onto Route 83. As the plaintiff approached the intersection, the defendant pulled out from the stop sign. The plaintiff struck the defendant’s driver’s side rear door and was ejected from his motorcycle. The plaintiff commenced this action alleging that the accident was caused by the defendant’s negligence in the operation of his motor vehicle. The plaintiff sought, in pertinent part, damages for mental injuries suffered as a result of the accident. Specifically, the plaintiff alleged that the accident caused him mental anguish and exacerbated preexisting conditions of anxiety and depression. The defendant filed a special defense alleging that the plaintiff’s negligence contributed to the accident and damages.

          The parties agreed to enter into evidence certain treatment records from Community Health Resources (CHR), a mental health services provider, from whom the plaintiff sought counseling from January 7, 2014 through December 10, 2014, and again from July 9, 2015, through October 12, 2016. These treatment records contained references to various incidents of the plaintiff’s prior misconduct, including a ten month term of incarceration for felony larceny, ...


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