In a motor vehicle accident case, where liability for negligence alone has been found, can a plaintiff seek punitive damages?

We need not reach the issue of whether punitive damages may be awarded under Connecticut law where liability for negligence alone has been found, for plaintiff's failure to offer any evidence of litigation expenses at trial independently doomed his claim for punitive damages. Since the jury awarded punitive damages only on a pendent state claim, Connecticut law governs the nature of damages recoverable and those are limited to litigation expenses. Under the Seventh Amendment, the determination of the amount of such damages is a legal claim and for the jury, see Curtis v. Loether, 415 U.S. 189, 195-96, 94 S.Ct. 1005, 1008-09, 39 L.Ed.2d 260 (1974), and plaintiff was thus obligated to prove such expenses at trial rather than at the post-trial hearing. There was, therefore, an insufficient evidentiary basis to submit the question of punitive damages to the jury. For the reasons set forth above, we reverse and remand to the district court with instructions to vacate the award of punitive damages.