This court granted the defendant's petition for certification to appeal to this court limited to the following questions: "(1) Did the Appellate Court properly conclude that the plaintiff was entitled to nominal damages and costs? [and] (2) If the answer to question one is 'yes,' should this court overrule Keller v. Carone, [supra, 138 Conn. 405, 85 A.2d 489]?" Right v. Breen, 274 Conn. 905, 876 A.2d 14 (2005). The defendant essentially concedes that the Appellate Court properly applied Keller v. Carone, supra, 138 Conn. 406-407, when it concluded that the plaintiff was entitled to nominal damages and costs.