Pickles v. Goldberg

660 A.2d 374, 38 Conn. App. 322, 1995 Conn. App. LEXIS 301
CourtConnecticut Appellate Court
DecidedJune 27, 1995
Docket13656
StatusPublished
Cited by4 cases

This text of 660 A.2d 374 (Pickles v. Goldberg) 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
Pickles v. Goldberg, 660 A.2d 374, 38 Conn. App. 322, 1995 Conn. App. LEXIS 301 (Colo. Ct. App. 1995).

Opinion

O’Connell, J.

The defendant commissioner of motor vehicles (commissioner) appeals from the trial court’s judgment reversing his decision to suspend the plaintiff’s motor vehicle operator’s license pursuant to General Statutes § 14-111 (c).1 The defendant claims that the trial court improperly (1) found that the record did not support the conclusion that the plaintiff was operating her motor vehicle at an unreasonable speed, (2) concluded that the record did not support the conclusion that the plaintiff failed to keep her motor vehicle under proper control, and (3) found that the plaintiff was exempt from the requirements of the exit ramp traffic control signs. We reverse the judgment of the trial court.

On November 18, 1988, the plaintiff, an employee of the state department of transportation (DOT), was operating a nine ton capacity DOT dump truck traveling east on Interstate Route 1-95 in West Haven. The truck was filled with loam, which the plaintiff was transporting to a landfill. Because she was unfamiliar with the area, the plaintiff followed another DOT truck to the landfill on her first trip. That truck exited 1-95 [324]*324at exit 43, and the plaintiff followed. The ramp was clearly posted with two “No Trucks” signs. Despite the clear prohibition, the plaintiff used exit 43 on her second trip to the landfill.

On the second trip, as she turned onto the ramp, the plaintiff was unable to slow her vehicle enough to keep it under control. She went through a red light at the bottom of the ramp and was attempting to turn right onto Campbell Avenue when her truck overturned onto a car that was stopped at the traffic light, killing the driver.2

Pursuant to General Statutes § 14-111, a hearing was held on May 23 and July 18, 1991, at which the plaintiff was present and represented by counsel. The commissioner, acting through his hearing officer rendered his decision on August 17, 1991, concluding that the plaintiff was responsible for the fatality, and ordering that her operator’s license be suspended for eighteen months.3 The plaintiff appealed to the Superior Court, which sustained the appeal and reversed the commissioner’s decision. The commissioner brings this appeal.

“Judicial review of the commissioner’s actions is governed by the Uniform Administrative Procedure Act . . . and the scope of that review is very restricted.”4 Lawrence v. Kozlowski, 171 Conn. 705, [325]*325707, 372 A.2d 110 (1976), cert. denied, 431 U.S. 969, 97 S. Ct. 2930, 53 L. Ed. 2d 1066 (1977). “Neither this court nor the trial court may retry the case or substitute its own judgment for that of the defendant.” Buckley v. Muzio, 200 Conn. 1, 3, 509 A.2d 489 (1986). “The ‘substantial evidence’ rule governs judicial review of administrative factfinding under [General Statutes § 4-183 (j)]. . . . Such a standard of review allows less room for judicial scrutiny than does the ‘weight of the evidence’ rule or the ‘clearly erroneous’ rule. ... In determining whether an administrative finding is supported by ‘substantial evidence,’ a court must defer to the [commissioner’s] assessment of the credibility of the witnesses and to the [commissioner’s] right to believe or disbelieve the evidence presented by any witness, even an expert, in whole or in part.” (Citations omitted.) Briggs v. State Employees Retirement Commission, 210 Conn. 214, 217, 554 A.2d 292 (1989). “[I]f there is evidence . . . which reasonably supports the decision of the commissioner, [the court] cannot disturb the conclusion reached by him.” DiBenedetto v. Commissioner of Motor Vehicles, 168 Conn. 587, 589, 362 A.2d 840 (1975). The primary concern on appeal is that the hearing was conducted in a fundamentally fair manner. Briggs v. State Employees Retirement Commission, supra, 218.

The commissioner first contends that the trial court improperly found that the record did not sustain the commissioner’s conclusion that the plaintiff was oper[326]*326ating her vehicle at an unreasonable speed. We conclude that there was ample evidence to support the commissioner’s conclusion.

The plaintiff testified that she thought she exited 1-95 at about twenty-five miles per hour, the posted ramp speed. Her own expert testified that if the plaintiff had been traveling at twenty-five or thirty miles per hour at the top of the ramp, he believed that she would have been able to stop at the bottom. It is logical to extrapolate that, because she could not stop at the bottom of the ramp, the plaintiff was traveling faster than the posted speed limit, which is presumptively unreasonable.5 The credibility of witnesses and the weight to be given to their testimony are matters within the province of the commissioner as finder of fact. Briggs v. State Employees Retirement Commission, supra, 210 Conn. 217.

Sergeant Albert Lindblom of the West Haven police department testified that the plaintiff’s truck was traveling at an excessive rate of speed to be able to negotiate the turn at the bottom of exit 43.6 Although there was some seemingly conflicting testimony from Lindblom about what speed would be reasonable under the circumstances,7 it is up to the trier of fact to weigh conflicting evidence, and there is evidence that rea[327]*327sonably supports the commissioner’s conclusion of unreasonable speed.

The commissioner next argues that the trial court improperly determined that the record did not sustain the conclusion that the plaintiff failed to keep her vehicle under control. We conclude that the hearing officer reasonably found that the plaintiff failed to maintain control of her vehicle. The trial court recited in its memorandum of decision that the plaintiff did not stop at the bottom of the ramp “due to the failure of the braking system of the truck.” The court went on to say that “[a]n examination of the vehicle by the West Haven police department found the vehicle to be in good mechanical condition ‘other than the brakes not holding sufficiently.’ ”

There was neither allegation nor evidence that the brakes failed between the plaintiff’s first uneventful use of exit 43 and the second. Rather, the testimony indicated that the braking system was generally inadequate for the weight and speed of the truck. As the plaintiff’s expert testified, the “brake system was too small to be able to bring the truck to a proper stop for the conditions that existed on ramp 43.”

The hearing officer found that the plaintiff was unable to “sufficiently slow her vehicle to keep it under [328]*328control [and] was unable to stop the dump truck by braking and downshifting . . .

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Bluebook (online)
660 A.2d 374, 38 Conn. App. 322, 1995 Conn. App. LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pickles-v-goldberg-connappct-1995.