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GIANETTI v. NORWALK HOSPITAL

(AC 20197)

64 Conn. App. 218 (2001)

CHARLES D. GIANETTI v. NORWALK HOSPITAL ET AL.

Appellate Court of Connecticut.

Officially released July 10, 2001.

Attorney(s) appearing for the Case

William F. Gallagher, with whom were Alan Neigher, and, on the brief, Hugh D. Hughes and Judith M. Trutt, for the appellant (plaintiff).

Robert A. Lacobelle, with whom, on the brief, was Samantha A. Kretzmer, for the appellee (defendant Norwalk Hospital).

Landau, Mihalakos and Dupont, Js.

Opinion

DUPONT, J.

The plaintiff appeals from the judgment of the trial court rendered after it denied his motion for a permanent injunction and awarded him $1 as nominal damages in his action against the defendants for breach of contract. The fundamental issue is whether a "lost volume seller" theory of damages as provided in 3 Restatement (Second), Contracts §§ 347, comment (f), and 350, comment (d) (1981), should be followed in cases...

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