Hall v. Winfrey

604 A.2d 1334, 27 Conn. App. 154, 1992 Conn. App. LEXIS 125
CourtConnecticut Appellate Court
DecidedMarch 24, 1992
Docket10246
StatusPublished
Cited by26 cases

This text of 604 A.2d 1334 (Hall v. Winfrey) 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
Hall v. Winfrey, 604 A.2d 1334, 27 Conn. App. 154, 1992 Conn. App. LEXIS 125 (Colo. Ct. App. 1992).

Opinion

Dupont, C. J.

The defendant appeals from the judgment of the trial court, rendered after a jury trial, awarding the plaintiff $165,941.56 in damages for the [155]*155death of the plaintiffs decedent caused by the defendant’s negligence. The defendant claims that the plaintiff failed to prove, by a preponderance of the evidence, that the defendant’s negligence was the proximate cause of the decedent’s injuries and subsequent death. The defendant claims that because the plaintiff failed to meet its burden of proof on this issue, the trial court improperly denied her motion for a directed verdict after the presentation of the plaintiff’s case, and improperly denied her motion to set aside the verdict and render judgment in her favor. The defendant also claims that the trial court improperly admitted into evidence a portion of the decedent’s hospital records that indicated that the decedent “fell down a flight of stairs.” We affirm the judgment of the trial court.

The essential allegations of the plaintiff’s complaint were that the defendant’s failure to maintain sufficient lighting in the upstairs hallway during hours of darkness, and the failure to warn her houseguests of the allegedly dangerous and unsafe condition, breached her duty of care to the decedent, especially because the head of the stairway and the doorway of the room in which the decedent was staying were nearly equal walking distance and in the same direction from the bathroom. The plaintiff further alleged that this dangerous and unsafe condition caused the decedent to fall down the stairs to his death.

The pertinent facts in this case are undisputed. The defendant owned and lived in a one-family house. On October 14, 1988, the plaintiff1 and her husband Jesse Hall, the decedent, were overnight guests of their daughter, the defendant. The plaintiff and the decedent were sleeping in a bedroom located next to the stairway on the second floor of the defendant’s house. [156]*156It was the first time they had visited that particular house of the defendant and the second night of their stay. At approximately 3 a.m., occupants of the defendant’s house heard a thump and arose from bed to find the decedent lying unconscious at the bottom of the stairway on the first floor. When the occupants arose from bed, the hallway was unlit. The decedent never regained consciousness, and subsequently died on February 25, 1989, as a result of the injuries he sustained from that fall.

At trial, the parties stipulated that the injuries and damage sustained by the decedent were caused by his fall. The critical issue in the case, however, was whether the decedent’s fall was proximately caused by the defendant’s negligence. The plaintiff presented evidence that indicated that there was no light in the hall at the time of the fall. The defendant testified that she regularly leaves a dim light on in a room occupied by her grandchildren, the great grandchildren of the plaintiff and the decedent. The defendant stated that she leaves their door open so that anyone in the second floor hallway would have sufficient light to find their way about. On the night in question, however, one of the grandchildren had a nightmare and his crying woke up the defendant. Afraid that the continued crying of the grandchild might awaken other people sleeping in the house, the defendant closed the door to the grandchildren’s room, and, therefore, the second floor hallway was in total darkness. Sometime after the defendant closed the door, the decedent got out of bed and entered the hallway on his way to the bathroom.

Nobody witnessed the decedent’s fall. One occupant of the house, Weston Robinson, a friend of the defendant, testified that he heard the decedent tumble down the steps, but no witness could testify with certainty as to what caused the decedent to fall. The plaintiff presented evidence that the decedent was in good health [157]*157at the time of the fall, and that there was no medical sign that the decedent had suffered a stroke, fainted, or experienced some other physical ailment prior to the fall. The jury returned a verdict in the plaintiffs favor. It found the plaintiffs decedent’s medical, hospital and funeral expenses to be $157,426.95, and it awarded the decedent’s estate $50,000 for the destruction of the decedent’s life. The jury also found, however, that the plaintiff’s decedent was 20 percent contributorily negligent, and, thus, the trial court reduced the financial award by 20 percent and rendered judgment against the defendant for $165,941.56.

At the close of the plaintiffs case-in-chief, the defendant moved for a directed verdict. She claimed that the plaintiff failed to present any evidence that the decedent’s fall was proximately caused by the defendant’s negligence. The trial court denied the motion. After the jury returned its verdict, the defendant moved to set aside the verdict and to enter judgment in favor of the defendant, again claiming that there was no evidence of proximate causation. The trial court denied this motion too, and rendered judgment for the plaintiff.

Our standards of review for the denial of a motion for a directed verdict and denial of a motion to set aside a verdict are the same. In reviewing such denials, “we view the evidence in the light most favorable to the plaintiff. ... A directed verdict is justified if on the evidence the jury could not reasonably and legally reach any other conclusion than that embodied in [a verdict for the defendant] ... or if the evidence is so weak that it would be proper for the court to set aside a verdict rendered for the other party.” (Citations omitted.) Boehm v. Kish, 201 Conn. 385, 388-89, 517 A.2d 624 (1986). When a jury has returned a verdict and the trial court has refused to set it aside, “[t]he court’s decision will be upheld on appeal if, from the evidence presented, [158]*158the jury could reasonably have concluded as it did.” Paine Webber Jackson & Curtis, Inc. v. Winters, 22 Conn. App. 640, 647, 579 A.2d 545, cert. denied, 216 Conn. 820, 581 A.2d 1055 (1990); see also Spitzer v. Haims & Co., 217 Conn. 532, 550, 587 A.2d 105 (1991).

“The elements of a cause of action for negligence are duty, breach, causation and damages. Doe v. Manheimer, 212 Conn. 748, 755, 563 A.2d 699 (1989).” Coste v. Riverside Motors, Inc., 24 Conn. App. 109, 112, 585 A.2d 1263 (1991). The defendant does not challenge that the jury could have found that the defendant owed a duty to the plaintiffs decedent with respect to light in the hallway, that the defendant breached that duty, and that she had notice of the defective lighting. The defendant argues only that the plaintiff failed to present sufficient evidence from which a jury could find that the defendant’s negligence was the proximate cause of the decedent’s fall.

“In order for legal causation to exist, actual cause or cause in fact, as well as proximate cause, must be present. . . .

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Bluebook (online)
604 A.2d 1334, 27 Conn. App. 154, 1992 Conn. App. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-winfrey-connappct-1992.