ORSON D. MUNN, III, AS PARENT AND NEXT FRIEND OF C.M., et al. v. THE HOTCHKISS SCHOOL, SC 19525

United States Court of Appeals for the Second Circuit

 Negligence; Whether School has Duty to Warn of Risk of a Serious Insect-Borne Disease in Organizing Trip Abroad; Whether Award of $41.5 Million in Damages Excessive.  Cara Munn contracted tick-borne encephalitis (TBE) while participating in a summer trip to China organized by her school.  Munn and her parents brought this action in federal court, alleging that the school was negligent in failing to warn Munn of the risk of serious insect-borne illnesses and in failing to ensure that she took protective measures.  The jury found in favor of the plaintiffs and awarded them $41.5 million in damages.  On appeal, the school argued that imposing a legal duty to warn about or protect against a disease as rare as TBE contravened Connecticut public policy and that the $41.5 million award was excessive.  The United States Court of Appeals for the Second Circuit determined that the school’s claims implicated unresolved issues of Connecticut law and public policy and certified the following questions for review by the Supreme Court pursuant to General Statutes § 51-199b: (1) Does Connecticut public policy support imposing a duty on a school to warn about or protect against the risk of a serious insect-borne disease when it organizes a trip abroad?  (2) If so, does an award of approximately $41.5 million in favor of the plaintiffs, $31.5 million of which are non-economic damages, warrant remittitur?