Blados v. Blados

198 A.2d 213, 151 Conn. 391, 1964 Conn. LEXIS 201
CourtSupreme Court of Connecticut
DecidedFebruary 25, 1964
StatusPublished
Cited by36 cases

This text of 198 A.2d 213 (Blados v. Blados) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blados v. Blados, 198 A.2d 213, 151 Conn. 391, 1964 Conn. LEXIS 201 (Colo. 1964).

Opinions

Shea, J.

The plaintiff brought this action to recover damages for the death of her decedent, [393]*393alleged to have been caused by the negligence of the defendant. At the conclusion of the plaintiff’s evidence, the court directed a verdict for the defendant. The plaintiff has appealed from the judgment, assigning error in the denial of her motion to set aside the verdict and in a ruling on evidence.

In reviewing the action of the court in denying the motion to set aside the verdict, we consider the evidence in the light most favorable to the plaintiff. Bambus v. Bridgeport Gas Co., 148 Conn. 167, 168, 169 A.2d 265. The jury could reasonably find the following facts: On October 14, 1958, and for some time prior thereto, the defendant was the owner and in control of a two-family frame house in Bridgeport. At the rear of the house there was an outside stairway leading from the ground to the second floor. The plaintiff’s decedent lived with the defendant, his mother, as a paying boarder. He had a room on the third floor, which was reached by way of the second floor, where the defendant lived. The decedent was separated from his wife and children, who lived in Bridgeport about a mile and a half from the defendant’s house. During the afternoon and evening of October 13, the decedent had visited his wife. He left her house around 11 p.m., stating that he was going home to his mother’s house. He was sober at that time. At about 7 a.m. on October 14, the body of the decedent was found lying on a tar walk below the rear outside stairway at the defendant’s house. The decedent was lying on his back with his arms outstretched and his head resting on the walk just below the outer edge of the stairway. His legs extended away from, and at a right angle to, the stairs. He was in his stocking feet. Both shoes were lying on the ground a foot or two away from each other and close to his right hand. [394]*394His head and face were covered with blood, and on the walk under his head and shoulders there was a pool of blood which had flowed from Ms nose, mouth and ears. He had sustained a fracture at the base of the skull and a laceration at the same location. The only other visible mark of injury was an abrasion on the outer aspect of Ms left foot. His clotMng was undisturbed; there was no sign of any scuffle, nor was there any evidence of foul play. In the opinion of the medical examiner, the decedent had fallen a distance greater than his height and had struck Ms head on the walk at the place where his body was found; he was knocked unconscious by the impact and lived for some time; Ms death occurred between 2 and 4 a.m. on October 14.

There was evidence to show that the stairway was steep, at an angle approximating forty-five degrees; the risers of the stairs were uneven and of varying heights; the treads were of varying widths; the handrail was insufficient, of improper height and unsafe. A leader from the roof projected into the stairway for several inches, creating a hazardous condition. Thus, there was ample evidence from which the jury could find that the defendant had failed to exercise reasonable care in keeping the stairway in a reasonably safe condition. See Facey v. Merkle, 146 Conn. 129, 133, 148 A.2d 261.

In her complaint, the plaintiff alleged that the decedent, wMle ascending the stairway to the second floor, fell to the ground below. The sole question is whether the jury reasonably and logically could reach the conclusion that the decedent’s death resulted from injuries sustained in a fall from the stairway wMch was caused by the defendant’s failure to exercise the care required by law. From the memorandum of decision, it is evident that the trial [395]*395court directed a verdict for the defendant on the ground that there was no basis in the evidence for a finding by the jury that the negligence of the defendant in maintaining the stairway had any connection with the decedent’s injuries and death. In other words, in the court’s view, there was insufficient evidence to connect the decedent’s death with the negligence of the defendant and consequently the issue of causation was left to conjecture, surmise and speculation. See Chasse v. Albert, 147 Conn. 680, 683, 166 A.2d 148; Palmieri v. Macero, 146 Conn. 705, 708, 155 A.2d 750; Bruce v. McElhannon, 141 Conn. 44, 48, 103 A.2d 335.

It is true that there was no direct evidence to show that the decedent was ascending the stairway or that he fell from it. Nevertheless, triers of fact must often rely on circumstantial evidence and draw inferences from it. Cayer v. Salvatore, 150 Conn. 361, 363, 189 A.2d 505. There is no rule of law which forbids the resting of an inference on facts whose determination is the result of other inferences. Sliwowski v. New York, N.H. & H.R. Co., 94 Conn. 303, 310, 108 A. 805; Ruerat v. Stevens, 113 Conn. 333, 338, 155 A. 219; State v. Foord, 142 Conn. 285, 294, 113 A.2d 591. Proof of a material fact by inference need not be so conclusive as to exclude every other hypothesis. It is sufficient if the evidence produces in the mind of the trier a reasonable belief in the probability of the existence of the material fact. LeBlanc v. Grillo, 129 Conn. 378, 381, 28 A.2d 127. In White v. Herbst, 128 Conn. 659, 25 A.2d 68, the plaintiff’s decedent had left the second floor of the defendant’s house at about 9 p.m. An hour later, his body was found at the foot of the stairs to the first floor. The stairs were in a defective condition. There was no evidence as to the cause of the [396]*396decedent’s fall. We sustained a plaintiff’s verdict, stating (p. 661): “[W]e cannot hold that the jury could not, drawing proper inferences from the facts in evidence, reasonably believe that it was more probable than not that the decedent’s fall was due to the defective condition of the stairway.” See also Facey v. Merkle, supra; Dickson v. Yale University, 141 Conn. 250, 254, 105 A.2d 463; Hennessey v. Hennessey, 145 Conn. 211, 214, 140 A.2d 473; Pierce v. Albanese, 144 Conn. 241, 256, 129 A.2d 606, appeal dismissed, 355 U.S. 15, 78 S. Ct. 36, 2 L. Ed. 2d 21; Esserman v. Madden, 123 Conn. 386, 388, 195 A. 739; Ruerat v. Stevens, 113 Conn. 333, 338, 155 A. 219.

When the decedent in the present case left the home of his wife around 11 o’clock on the night of October 13, he said that he was going home to his mother’s house.

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Cite This Page — Counsel Stack

Bluebook (online)
198 A.2d 213, 151 Conn. 391, 1964 Conn. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blados-v-blados-conn-1964.