Daley v. Gaitor

547 A.2d 1375, 16 Conn. App. 379, 129 L.R.R.M. (BNA) 2915, 1988 Conn. App. LEXIS 383, 47 Fair Empl. Prac. Cas. (BNA) 1761
CourtConnecticut Appellate Court
DecidedSeptember 27, 1988
Docket5932
StatusPublished
Cited by22 cases

This text of 547 A.2d 1375 (Daley v. Gaitor) 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
Daley v. Gaitor, 547 A.2d 1375, 16 Conn. App. 379, 129 L.R.R.M. (BNA) 2915, 1988 Conn. App. LEXIS 383, 47 Fair Empl. Prac. Cas. (BNA) 1761 (Colo. Ct. App. 1988).

Opinion

Norcott, J.

The plaintiffs1 bring a joint appeal from the trial court’s judgments in their actions for injunctive relief and breach of contract. The trial court denied the injunction in the first case and directed the verdict for the defendant city in the second case.2 On appeal [381]*381from the second case, the plaintiffs aver that the trial court erred (1) in directing a verdict for the city and rendering judgment thereon in lieu of granting the plaintiffs’ motion to strike the city’s special defense, and (2) in refusing to render judgment for the plaintiffs. We find error.

This litigation arises out of the 1981 promotional process for the position of lieutenant in the Hartford police department. In 1981, a written promotional announcement was circulated apprising prospective candidates of several openings for the position of police lieutenant. The promotional announcement provided that the position was open to all persons who had attained the rank of police sergeant. The announcement further provided that the applicants were to take a written examination and that at least 50 percent of those who took the written examination would be allowed to move to the second stage, an oral examination.

After the written examination was given in this case, it was determined that only those officers who had attained a score of 76 percent or better would be allowed to take the oral examination. In tabulating the test results, however, the city personnel director found that the results did not conform to the federal Uniform Guidelines on Employee Selection, 29 C.F.R. § 1067 et seq., since there was an adverse impact on the minority applicants. Thereafter, the city personnel director took steps to alleviate the adverse impact of the examination. In conjunction with the city manager, he allowed any sergeant who took the written examination to take the oral examination as well. Thereafter, all persons who took the examination were rated.

[382]*382As a result, three individuals who had not attained a score of 76 percent on the written examination were ultimately promoted to the rank of lieutenant in lieu of the plaintiffs. The plaintiffs brought suit alleging a breach of contract. After a trial to the jury, the court directed the jury to return a verdict for the defendants.

We note as a threshold matter that the plaintiffs did not move to set aside the verdict against them. Practice Book § 40003 requires a party who wishes to appeal from a directed verdict to file a timely motion to set aside the verdict pursuant to Practice Book § 320.4 See also General Statutes § 52-228b.5 A party may then [383]*383appeal from the denial of that motion to set aside the verdict. “We have stated repeatedly that such a motion is indispensable to ensure full appellate review of claims of error in civil jury cases. Finley v. Aetna Life & Casualty Co., 202 Conn. 190, 195, 520 A.2d 208 (1987); Kolich v. Shugrue, 198 Conn. 322, 325, 502 A.2d 918 (1986); Pietrorazio v. Santopietro, 185 Conn. 510, 515, 441 A.2d 163 (1981); Gordon v. Feldman, 164 Conn. 554, 557, 325 A.2d 247 (1973) .... In the absence of a motion to set aside the verdict, we consider the plaintiffjs’] claims under the plain error doctrine, which provides that the Supreme and Appellate Courts ‘may in the interests of justice notice plain error not brought to the attention of the trial court.’ Practice Book § 4185; Pietrorazio v. Santopietro, supra, 514-15.” Dunham v. Dunham, 204 Conn. 303, 311-12, 528 A.2d 1123 (1987).

Although generally “plain error” review is limited to instances involving confidence in the fairness and integrity of the adjudicative process; Smith v. Czescel, 12 Conn. App. 558, 563, 533 A.2d 223 (1987); the doctrine essentially invokes the discretion of the court. Finley v. Aetna Life & Casualty Co., supra, 196. One standard for this appellate discretion is whether the issue is of importance to the development of the law of the state, is vital to the proper resolution of the case, and was sufficiently presented to the trial court initially, albeit not by way of a motion to set aside the verdict, so that appellate consideration of it does not amount to ambuscade of the trial court. Finley v. Aetna Life & Casualty Co., 5 Conn. App. 394, 402-403, 499 A.2d 64 (1985), rev’d on other grounds, 202 Conn. 190, 520 A.2d 208 (1987). It is this latter branch of the plain error doctrine which we invoke here.

The plaintiffs first claim that the trial court erred in directing a verdict for the city and in failing to strike [384]*384the city’s special defense. For the purposes of review, we will treat these claims independently. We first discuss the propriety of the directed verdict.

“The general rule in Connecticut is that a ‘trial court should direct a verdict only when a jury could not reasonably and legally have reached any other conclusion.’ Petyan v. Ellis, 200 Conn. 243, 244, 510 A.2d 1337 (1986). In our review of the trial court’s directed verdict in favor of the defendant, we must consider the evidence in the light most favorable to the plaintiffs. Pinto v. Spigner, 163 Conn. 191, 193, 302 A.2d 266 (1972).” Meizoso v. Bajoros, 12 Conn. App. 516, 518, 531 A.2d 943 (1987). In this case, we conclude that the trial court committed plain error in directing a verdict for the city.

The plaintiffs’ principal claim at trial was for breach of contract. In accordance with this claim, the plaintiffs introduced evidence that they were members of the International Brotherhood of Police Officers (IBPO). They produced further evidence that the IBPO had entered into a contract with the city of Hartford which provided that all promotions were to be in accordance with the personnel rules and regulations of the city of Hartford. Rule VI, § 3, of the personnel rules provides in pertinent part that “[s]ound measurement techniques and procedures shall be used in rating the results of tests and determining the relative ranking of the candidates. In all examinations the minimum rating by which eligibility may be achieved shall be established by the Director of Personnel. Such minimum rating shall also apply to the ratings of any part of the test. Candidates shall be required to attain at least a minimum rating on each part of the test in order to receive a passing grade or to be rated on the remaining parts of the test.

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Bluebook (online)
547 A.2d 1375, 16 Conn. App. 379, 129 L.R.R.M. (BNA) 2915, 1988 Conn. App. LEXIS 383, 47 Fair Empl. Prac. Cas. (BNA) 1761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daley-v-gaitor-connappct-1988.