Cohen v. Town of Hamden

607 A.2d 452, 27 Conn. App. 487, 1992 Conn. App. LEXIS 183
CourtConnecticut Appellate Court
DecidedMay 5, 1992
Docket10419
StatusPublished
Cited by10 cases

This text of 607 A.2d 452 (Cohen v. Town of Hamden) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. Town of Hamden, 607 A.2d 452, 27 Conn. App. 487, 1992 Conn. App. LEXIS 183 (Colo. Ct. App. 1992).

Opinion

Freedman, J.

The plaintiff appeals from the judgment of the trial court setting aside a jury verdict awarding her $200,000 in damages. The plaintiff claims that the trial court improperly concluded (1) that there was insufficient evidence to support the verdict and (2) that the jury allowed sympathy to influence its verdict.

The plaintiff brought an action against the defendant seeking money damages for personal injuries sustained in a motor vehicle accident. The complaint alleged that the defendant breached its statutory duty, pursuant to General Statutes § lSa-149,1 to maintain [489]*489its streets in a reasonably safe condition, and that this breach of duty caused the plaintiff to suffer physical injuries. The complaint further alleged, inter alia, that the street was in a defective and dangerous condition in that its surface was covered with ice and snow; that the defendant was aware of such condition or, in the exercise of reasonable care and inspection, should have been aware of such condition; that such condition was the sole proximate cause of the accident and the injuries to the plaintiff; and that the plaintiff had given the defendant the requisite statutory notice. The defendant’s answer denied the allegations of the plaintiff and asserted the special defense of contributory negligence, which special defense the plaintiff denied.

The jury reasonably could have found the following facts. At approximately 5 a.m. on February 23, 1987, the plaintiff, a special education teacher in the New Haven school system, went outside of her house and observed that it had begun to snow. She learned by listening to the radio that the schools in Hamden were closed but that the schools in New Haven were open. She left in her car for work between 6:10 and 6:15 a.m. As she drove down a hill on Benham Street, her car began to slide to the left and struck a car that was coming up the hill. The plaintiff suffered injuries to her head, back, arms and legs. The Hamden police detective who responded to the accident testified that he was dispatched to the scene at 6:27 a.m. The total snowfall on February 23,1987, was about two and one-half inches, which accumulated between approximately 5 a.m. and noon. The public works crews of the town of Hamden normally report for work at 8 a.m., but were called in at 6 a.m. to plow and sand the roads.

[490]*490The matter was tried to a jury and after the plaintiff rested her case, the defendant moved for a directed verdict, which the trial court denied. The defendant then rested without presenting any evidence. The court charged the jury and the jury returned a verdict in favor of the plaintiff, awarding her damages in the amount of $200,000. The defendant thereafter filed a timely motion to set aside the verdict on the grounds of insufficient evidence. The trial court granted the defendant’s motion.

In its memorandum of decision, the trial court referred to the fact that the plaintiff suffers from multiple sclerosis, a condition not claimed to be due to the injuries sustained in the accident, and that throughout the trial the plaintiff’s movement in front of the jury “was extremely slow and made with apparent discomfort.” The court stated that “[t]he evocative appeal to the jury for its sympathy was intense throughout the trial.” The trial court concluded that even though it had instructed the jury to set aside any feelings of sympathy and to decide the matter on the basis of the facts presented, it was obvious from the award that the jury allowed sympathy to influence the verdict and that the verdict rendered was biased and the result of prejudice.

In addition, the trial court found that the evidence was “insufficient to meet the burden of proof required as to each and every element under [§ 13a-149],” and concluded its memorandum with the statement that “[t]he verdict herein is set aside because the evidence is insufficient to support the verdict.” Because we agree with the trial court that there was insufficient evidence to support the verdict, we need not reach the issue of the propriety of the trial court’s findings and comments regarding the physical condition of the plaintiff and the influence that it may have had on the jury.2

[491]*491When considering the action of a trial court granting or denying a motion to set aside a verdict, we must determine whether the trial court abused its discretion. State v. Hammond, 221 Conn. 264, 604 A.2d 793 (1992); Jeffries v. Johnson, 27 Conn. App. 471, 475, 607 A.2d 443 (1992). “The trial court has the inherent power to set aside a jury verdict which, in the court’s opinion, is either against the law or the evidence.” O’Brien v. Seyer, 183 Conn. 199, 208, 439 A.2d 292 (1981). “The decision to set aside a verdict involves the exercise of a broad discretion in the trial court which, in the absence of a clear abuse, will not be disturbed and, in reviewing the exercise of that discretion, every reasonable presumption should be indulged in favor of its correctness.” Id.

“We are also mindful of the unavoidable tension between our deferential standard of appellate review and the litigants’ constitutional rights to have issues of fact resolved by a jury.” Donahue v. State, 27 Conn. App. 135, 140, 604 A.2d 1331 (1992). “Because by setting the verdict aside the trial court infringed on the parties’ rights to have factual issues resolved by a jury, we examine the evidential basis of the verdict itself to determine whether the trial court abused its discretion.” Id.

The basis of the plaintiff’s claim was that the town breached its statutory duty to keep its streets free of defects, namely, ice and snow. “In order to recover under [a] complaint for breach of statutory duty, the plaintiff must prove, by a preponderance of the evidence (1) that the highway was defective in the manner claimed, (2) that the defendant actually knew of the particular defect or that, in the exercise of its supervision of highways in the municipality, it should have [492]*492known of that defect, (3) that the defendant, having actual or constructive knowledge of this defect, failed to remedy it, having had a reasonable time, under all the circumstances, to do so, and (4) that the defect must have been the sole proximate cause of the injuries claimed, which means that the plaintiff must prove freedom from contributory negligence. Lukas v. New Haven, 184 Conn. 205, 207, 439 A.2d 949 (1981).” (Emphasis added.) Janow v. Ansonia, 11 Conn. App. 1, 2-3, 525 A.2d 966 (1987); see also Hall v. Burns, 213 Conn. 446, 462, 569 A.2d 10 (1990).

In setting aside the verdict, the trial court found that the plaintiff had failed to sustain her burden of proving that the defendant had notice of the defect, and had sufficient time to remedy the defect. It is clear that the defendant had notice that it had begun to snow prior to the accident.

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Bluebook (online)
607 A.2d 452, 27 Conn. App. 487, 1992 Conn. App. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-town-of-hamden-connappct-1992.