O'Shea v. Mignone

647 A.2d 37, 35 Conn. App. 828, 1994 Conn. App. LEXIS 344
CourtConnecticut Appellate Court
DecidedSeptember 6, 1994
Docket11522
StatusPublished
Cited by11 cases

This text of 647 A.2d 37 (O'Shea v. Mignone) 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
O'Shea v. Mignone, 647 A.2d 37, 35 Conn. App. 828, 1994 Conn. App. LEXIS 344 (Colo. Ct. App. 1994).

Opinion

Freedman, J.

The plaintiff appeals from the judgment of the trial court in favor of the defendants,1 Jeffrey Mignone and D.L. Petersen Trust, rendered after a jury trial in a negligence action. On appeal, the plaintiff claims that the trial court improperly (1) admitted two hearsay statements, (2) denied the plaintiffs request that a juror be excused for cause where that juror expressed a prejudice against police officers, and (3) instructed the jury to disregard the plaintiffs arguments that Mignone had imposed conditions on his submitting to hypnosis that were inconsistent with his denial of negligence. The defendants argue as an alternative ground for affirmance that the general verdict rule obviates review of the plaintiffs first and third claims. We reverse the judgment of the trial court.2

We first consider the defendants’ claim that the general verdict rule precludes our review of two of the plaintiff’s claims. In their answer, the defendants pleaded contributory negligence as a special defense. The defendants claim that because the jury returned a general verdict in their favor, all issues must be presumed to have been found in their favor. The defendants argue, therefore, that we must presume that the jury found that the plaintiff had caused his own injuries.

“The so-called general verdict rule provides that, if a jury renders a general verdict for one party, and no [830]*830party requests interrogatories, an appellate court will presume that the jury found every issue in favor of the prevailing party. . . .’’(Internal quotation marks omitted.) Curry v. Burns, 225 Conn. 782, 786, 626 A.2d 719 (1993). “ ‘A party desiring to avoid the effects of the general verdict rule may elicit the specific grounds for the verdict by submitting interrogatories to the jury.’ Finley v. Aetna Life & Casualty Co., [202 Conn. 190, 203, 520 A.2d 208 (1987)]. It follows that where the court has denied a proper request for interrogatories . . . the general verdict rule does not apply so as to preclude appellate review of error relating to any ground upon which the jury may have rested its verdict and to which an appropriate interrogatory has been directed.” Pedersen v. Vahidy, 209 Conn. 510, 514, 552 A.2d 419 (1989).

Here, the plaintiff submitted the following proposed interrogatories to the trial court. “1. Was [Mignone] driving the motor vehicle that struck the plaintiff? 2. Did the negligence of [Mignone] proximately cause the plaintiff’s injuries? 3. Did the negligence of the plaintiff proximately cause his own injuries? 4. What percentage of negligence which proximately caused the plaintiff’s injuries is attributable to each party? What is the percentage of negligence of the defendants on trial? What is the percentage of negligence of the plaintiff? 5. What sum of money would you award to justly compensate the plaintiff for all his damages which have resulted from injuries he sustained in this accident?” The trial court determined that such interrogatories were not helpful to the jury and denied the plaintiff’s request to submit them to the jury. The defendants did not claim that the interrogatories were improper nor did the trial court find them to be improper. We conclude, therefore, that the trial court’s refusal to submit the interrogatories to the jury prevents the application of the general verdict rule in this case, and, [831]*831therefore, we address the merits of the plaintiffs claims. See id.

The following facts are necessary for the resolution of this appeal. On May 10,1986, the plaintiff was struck by a hit-and-run driver as he walked across West Putnam Avenue in Greenwich. As a result of the accident, the plaintiff suffered multiple injuries. There were at least five eyewitnesses to the accident.

Mignone testified that he had witnessed the accident and that at the time of the accident he was driving a silver, four-door 1985 Oldsmobile Cutlass Supreme. He further testified that a small two-door, red, “boxy” foreign car with black bumpers and square, horizontal rear lights struck the plaintiff, and then continued on, stopping approximately 100 yards from the scene. Mignone also testified that he stopped his car alongside the red car and watched the driver of the red car, a woman, get out and run back toward the scene. According to Mignone, the driver was “hysterical” and “upset.” Mignone then left the scene.

At trial, five eyewitnesses testified as to their observations at the scene of the accident. One of the witnesses, Marie Levesque, testified that at the scene she mistakenly had told the police that she believed the car that struck the plaintiff was red in color, but that two days later she expressed reservations about her prior description of the color of the car. The remaining witnesses testified either that the car that struck the plaintiff was light in color or that they had not seen the car.

While cross-examining Sergeant Richard Taracka,3 the defendants attempted to enter into evidence the police report of the Greenwich police department as an exhibit. The plaintiff objected to two statements con[832]*832tained in the police report on the ground that they were inadmissible hearsay not within an exception. Both statements subsequently were admitted into evidence by the trial court.

“A police report generally is admissible as a business record under General Statutes § 52-180. State v. Sharpe, 195 Conn. 651, 663, 491 A.2d 345 (1985). To qualify under this statute the report must be based entirely upon the police officer’s own observations or upon information provided by an observer with a business duty to transmit such information. Id.; D’Amato v. Johnston, 140 Conn. 54, 59, 97 A.2d 893 (1953). For example, a report prepared by an officer in charge of an accident investigation is admissible in its entirety, despite the fact that it contains information received from other officers assisting in the investigation. Such a report is not admissible, however, if it contains information furnished by a mere bystander. Information obtained from a person with no business duty to report is admissible only if it falls within some other hearsay exception. State v. Sharpe, supra, 663-64; State v. Palozie, 165 Conn. 288, 295, 334 A.2d 468 (1973).” In re Jesus C., 21 Conn. App. 645, 652-53, 575 A.2d 1031, cert. dismissed, 216 Conn. 819, 581 A.2d 1055 (1990); see also Emhart Industries, Inc. v. Amalgamated Local Union 376 UAW, 190 Conn. 371, 385, 461 A.2d 422 (1983).

The first statement from the police report that the plaintiff claims was improperly admitted is as follows: “[Greenwich police department] patrols advised to be watchful for any vehicle . . .

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Bluebook (online)
647 A.2d 37, 35 Conn. App. 828, 1994 Conn. App. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oshea-v-mignone-connappct-1994.