GRUENDEL, J.
The plaintiff, Gerald Marciano, appeals from the judgment of the trial court granting the motion filed by the defendants, Neil W. Kraner and the Law Offices of George B. Bickford,
The jury reasonably could have found the following facts. On March 31, 2000, the plaintiff contacted Kraner, who was an attorney practicing with the Law Offices of George B. Bickford in East Granby. The plaintiff explained to Kraner that his mother was in a nursing home, that his father, Francis Marciano, Sr. (Francis, Sr.), had recently developed serious mental health problems and had been admitted to the Institute of Living in Hartford and that he wanted to preserve his inheritance interest in his parents' estate assets in the event of their deaths. Notably, the plaintiff told Kraner that the home in which he and his family had been living since 1996 in Barkhamsted (Barkhamsted property) was owned by his father and that he wanted to obtain title to the Barkhamsted property prior to Francis, Sr.'s death. The plaintiff further informed Kraner that his parents' total estate assets consisted of the Barkhamsted property, with a value of $122,500, a second home in Torrington (Torrington property), worth $132,500, $130,000 in cash and cars worth $22,500, for a total estate value of approximately $407,500. Given this information, Kraner explained that pursuant to state and federal medicaid laws,
Unsatisfied with this result, the plaintiff retained Kraner to review various avenues for preserving the value of his parents' estate while also transferring ownership of the Barkhamsted property and qualifying for state medicaid assistance. Subsequently, Kraner advised the plaintiff that the only way to preserve the value of his parents' assets, including the Barkhamsted property, while also qualifying for medicaid, would be to transfer all of their real and personal property to a disabled child.
On October 26, 2000, in Kraner's office, the plaintiff executed two fiduciary deeds for both the Barkhamsted and Torrington properties owned by Francis, Sr., to Francis, Jr. Francis, Jr., also executed a quitclaim deed of the Barkhamsted property to the plaintiff at this closing, and Kraner represented that all three deeds would be recorded shortly thereafter.
On March 1, 2005, the plaintiff filed a five count complaint against the defendants, alleging, inter alia, legal malpractice and breach of fiduciary duty. A jury trial ensued and, following the plaintiff's case-in-chief, the defendants filed a motion for a directed verdict. The court granted the defendants' motion as to the count of legal malpractice
The plaintiff now claims that the court improperly granted the defendants' motion to set aside the verdict. Specifically, the plaintiff argues that the court incorrectly determined that, in the absence of expert testimony, he could not prevail in his cause of action for breach of fiduciary duty against the defendants. Additionally, the plaintiff argues that the court improperly concluded that "there was no evidence that any conduct by . . . Kraner caused the plaintiff to sustain any damages."
Before addressing the merits of the plaintiff's claims, we begin by setting forth the applicable legal principles and standard of review governing our analysis. "A motion to set aside the verdict should be granted if the jury reasonably and legally could not have reached the determination that they did in fact reach. . . . [Put differently], [i]f the jury, without conjecture, could not have found a required element of the cause of action, it cannot withstand a motion to set aside the verdict." (Internal quotation marks omitted.) Carrano v. Yale-New Haven Hospital, 279 Conn. 622, 646, 904 A.2d 149 (2006). "Thus, the role of the trial court on a motion to set aside the jury's verdict is not to sit as [an added] juror, but, rather, to decide whether, viewing the evidence in
It is important to note at the outset that our review of the record discloses that the plaintiff's count for breach of fiduciary duty is basically nothing more than a carbon copy of his count for legal malpractice. In fact, the only allegation contained in the breach of fiduciary duty count that is absent from the legal malpractice count is: "[T]he defendants owed the plaintiff a fiduciary duty and were required to show a high degree of fidelity [to the plaintiff] and to deal with the plaintiff fairly and in good faith. Despite these obligations and duties, the defendants breached said duties as described herein and deceived the plaintiff." It bears repeating that the court granted the defendants' motion for a directed verdict as to the plaintiff's legal malpractice claim because "[t]he plaintiff failed to introduce admissible expert testimony" in support thereof. As the court correctly explained, "[a] plaintiff cannot obviate the necessity for expert testimony by couching his claim in terms of contract rather than tort"; see Celentano v. Grudberg, 76 Conn.App. 119, 125, 818 A.2d 841, cert. denied, 264 Conn. 904, 823 A.2d 1220 (2003); or, "[b]y the same token . . . referring to the attorney's conduct as a breach of fiduciary duty." Because the plaintiff failed to introduce any expert testimony as to the pre-liminary issue of the attorney-client relationship, we cannot say, on the basis of the facts in the present case, that the court improperly granted the defendants' motion to set aside the verdict. Indeed, the jury's verdict awarding the plaintiff damages for breach of fiduciary duty was unsupported by any evidence as to what fiduciary duty was owed by the defendants to the plaintiff, other than inherent in the attorney-client relationship, and how that duty was violated in this case.
Moreover, assuming arguendo that the plaintiff adequately had established the nature of the fiduciary duty owed by the defendants, and how that duty was violated in the present case, we conclude that the court nonetheless properly set aside the verdict. As the plaintiff's counsel stated during oral argument in this appeal, the precise breach of fiduciary duty alleged was Kraner's failure to record the quitclaim deed for the Barkhamsted property following the closing on October 26, 2000. It is undisputed, however, that if Kraner recorded the quitclaim deed for the Barkhamsted property, Francis, Sr.'s medicaid application would have been denied by the department. Additionally, if Francis, Sr.'s medicaid application was denied, the estate assets of the plaintiff's parents, including the Barkhamsted property, would have to have been liquidated to satisfy the outstanding nursing home and medical expenses for both Francis, Sr., and the plaintiff's mother. Thus, if Kraner recorded the quitclaim deed, the Barkhamsted property would no longer be available for distribution as part of Francis, Sr.'s estate. Accordingly, we agree with the court that "there was no evidence that any conduct by . . . Kraner caused the plaintiff to sustain any damages."
To summarize, we conclude that the plaintiff's failure to present any expert testimony whatsoever as to the attorney-client relationship was fatal to his cause of action for breach of fiduciary duty. Further, we conclude that, even if the plaintiff adequately established the nature of the applicable fiduciary duty, the verdict in his favor was properly set aside in light of the dearth of evidence that "any conduct by. . . Kraner caused the plaintiff to sustain any damages."
The judgment is affirmed.
In this opinion the other judges concurred.