Patrick v. Burns

502 A.2d 432, 5 Conn. App. 663, 1985 Conn. App. LEXIS 1217
CourtConnecticut Appellate Court
DecidedDecember 24, 1985
Docket3113; 3114; 3115
StatusPublished
Cited by20 cases

This text of 502 A.2d 432 (Patrick v. Burns) 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
Patrick v. Burns, 502 A.2d 432, 5 Conn. App. 663, 1985 Conn. App. LEXIS 1217 (Colo. Ct. App. 1985).

Opinion

Borden, J.

These three combined appeals arise out of a two car collision which occurred at approximately 9 p.m. on January 17, 1982, on Route 318 in Barkhamsted. The plaintiff in each of the first two cases, Virginia M. Patrick and Howard W. Rategan, was the operator of one of the two cars, and the plaintiffs in the third case, Jeanne M. Delehanty and Carol Annacherico, are the administratrices of the estate of Kathleen Anderson, a passenger in the Rategan car who died as a result of the accident. The plaintiffs sued the defendant,1 the commissioner of transportation, pursuant to General Statutes § 13a-144 claiming that a large accumulation of ice on the highway was the sole [665]*665proximate cause of their injuries. See D’Arcy v. Shugrue, 5 Conn. App. 12, 14, 496 A.2d 967, cert. denied, 197 Conn. 817, 500 A.2d 1336 (1985).

The trial court denied the defendant’s motions for directed verdicts. The jury returned verdicts for the plaintiffs. The court denied the defendant’s motions, filed pursuant to Practice Book §§ 320 and 321, to set aside the verdict and for judgment in accordance with the earlier motions for directed verdicts, and rendered judgments for the plaintiffs. The defendant appeals. His principal claim of error is that the evidence on the issue of causation was insufficient. He also raises a claim of error on the jury charge, and four other claims involving evidentiary rulings and the denial of his motion for mistrial. We find no error.

I

Sufficiency of Evidence of Causation

It was undisputed that the Patrick vehicle crossed over the center line of the highway and collided with the Rategan vehicle. The plaintiffs’ claim was that the ice caused the Patrick vehicle to lose control and cross over the center line. The defendant challenges the sufficiency of the evidence on this issue of causation.

The trial court filed a concise but thoughtful memorandum of decision on the defendant’s motions to set aside the verdicts. With respect to this issue, it determined that “the issue of proximate cause was one of fact which the jury was justified in reaching against the defendant. . . . While the question was open to reasonable disagreement, it cannot be said as a matter of law that 'reasoning minds could not reasonably have reached’ the conclusion of the jury. [Tomczuck v. Alvarez, 184 Conn. 182, 185, 439 A.2d 935 (1981)]. There was evidence of lack of speed on the part of . . . Patrick, her suddenly coming upon a substantial patch [666]*666of ice without warning and that the area was considerably rutted. . . . Patrick had operated her car a long distance from Massachusetts without incident until she hit the ice. Under the circumstances, the jury was justified in reaching the issue of sole proximate cause in favor of the plaintiffs. There is no more justification for the court to set aside the verdict in favor of the plaintiffs than would have been the case if the jury had found for the defendant.” This ruling, of course, is entitled to great weight because of the trial court’s familiarity with the facts of the case and because of the trial court’s excellent vantage point for evaluating the factors influencing the jury. D’Arcy v. Shugrue, supra, 15; Barrett v. Central Vermont Railway, Inc., 2 Conn. App. 530, 532-33, 480 A.2d 589 (1984). Our limited review of a claim of evidentiary insufficiency is confined to viewing the evidence most favorable to sustaining the verdict. D’Arcy v. Shugrue, supra. The verdict must stand if the jury could reasonably have reached the conclusion it did reach, on the basis of that evidence. Balboni v. Stonick, 2 Conn. App. 523, 526, 481 A.2d 82 (1984).

We note that, although the issue of whether the highway was defective was contested at trial, the defendant does not contest on appeal the sufficiency of that evidence. Nor does he claim that the evidence was such that the jury was compelled to conclude that either Patrick or Rategan was negligent so as to relieve him of his statutory liability. Cf. D’Arcy v. Shugrue, supra. His sole claim here is that the evidence was insufficient to justify a finding that the defect was the sole proximate cause of the collision.

The evidence supporting the verdict on that issue is as follows: In the area of the accident, Route 318 is a secondary highway running easterly and westerly, with a posted speed limit of forty miles per hour and without artificial light. At the area in question, the high[667]*667way runs steeply downhill in a westerly direction, reaches the bottom of the hill and then runs uphill. At the time of the accident, a thick, rutted ice floe approximately 141 feet long and 14 feet wide covered the entire westbound lane about two-thirds of the way down the hill. This ice floe was not readily visible at night, and had caused other westbound drivers either to swing around it or to proceed very slowly over it in order to avoid sliding over the center line. The varying thickness of the ice created a reverse crown sloping toward the center of the road, which would tend to direct a westbound car traveling downhill into the eastbound lane. The ruts had caused some jarring to another westbound vehicle as it drove over the ice floe.

Before the accident, Patrick, who had been driving about one hour and twenty minutes without incident, was traveling westbound at about forty miles per hour, and Rategan was traveling eastbound at about the same speed. Patrick could recall only starting to go down the hill, applying her brakes a little bit to slow down, continuing to apply her brakes as she descended the hill, and seeing headlights. She next recalls someone opening the door of her car to remove her from it. Her speed of forty miles per hour is equivalent to 58.7 feet per second. Rategan testified that he had started up the hill, traveling easterly, that he saw headlights come across at him, that he swung to the right and that the collision occurred. He next recalled awakening at the hospital. The point of impact of the two vehicles was in the eastbound lane, 105 feet west of the westerly edge of the ice floe. That is, the westbound Patrick vehicle collided with the eastbound Rategan vehicle 105 feet beyond the end of the ice floe.

The issue posed by the defendant’s claim of evidentiary insufficiency is whether the jury’s implicit factual finding that the ice floe caused the collision falls within the sphere of those cases upholding such factual infer[668]*668enees based on admittedly meager circumstantial evidence; see, e.g., Blados v. Blados, 151 Conn. 391, 198 A.2d 213 (1964); White v. Herbst, 128 Conn. 659, 25 A.2d 68 (1942); Meyer v. Barnes, 2 Conn. App. 485, 488, 479 A.2d 1236 (1984); Yeske v. Avon Old Farms School, Inc., 1 Conn. App. 195, 200-201, 470 A.2d 705 (1984); or those cases precluding such a finding as based on speculation or conjecture. See, e.g., Toomey v. Danaher, 161 Conn. 204, 286 A.2d 293 (1971);

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Bluebook (online)
502 A.2d 432, 5 Conn. App. 663, 1985 Conn. App. LEXIS 1217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-v-burns-connappct-1985.