Rossi v. Stanback

650 A.2d 920, 36 Conn. App. 328, 1994 Conn. App. LEXIS 426
CourtConnecticut Appellate Court
DecidedDecember 13, 1994
Docket11297
StatusPublished
Cited by7 cases

This text of 650 A.2d 920 (Rossi v. Stanback) 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
Rossi v. Stanback, 650 A.2d 920, 36 Conn. App. 328, 1994 Conn. App. LEXIS 426 (Colo. Ct. App. 1994).

Opinion

Landau, J.

This matter is currently before us on remand from our Supreme Court. Rossi v. Stanback, 230 Conn. 175, 644 A.2d 352 (1994).1 On appeal from a judgment rendered on a jury verdict in favor of the defendants, William H. Stanback and Savin Brothers, Inc. (Savin), in a cause of action sounding in negligence, the plaintiffs claim that the trial court improperly (1) charged the jury on the applicable standard of care, (2) instructed the jury that it could not consider certain evidence in its deliberations, and (3) recharged the jury regarding proper lookout and due care.

The following facts, set out in Rossi v. Stanback, 31 Conn. App. 703, 626 A.2d 829 (1993), are pertinent to the resolution of this appeal. “On July 20, 1987, the defendant William H. Stanback was employed as a truck driver for the defendant Savin Brothers, Inc., a construction firm under contract with the state of Connecticut to widen Interstate 91 in Hartford. The dece[330]*330dent [Gaetano T. Rossi] was employed'as an inspector by C. E. McGuire. As part of the construction process, Savin transported loads of fill to the construction site. Rossi’s duties were to inspect the loads of fill dumped on the site and to calculate the cubic yardage of fill deposited. John Santos was employed by Savin as a ‘dump man.’ As a dump man, Santos directed the truck drivers on the jobsite, among them Stanback, as they were backing up to dump the loads of fill. The direction was necessary because the truck drivers could not see directly behind their trucks as they were backing up. After the drivers had backed into the position as directed by the dump man, they would raise the truck bodies, drop the fill, and pull forward with the truck ■ bodies raised to allow all the fill to fall from the trucks. The truck drivers would then stop, lower the truck bodies, and latch the tailgates. These maneuvers were directed by hand signals from the dump man to the truck drivers. A blast of a truck horn was a danger signal used by the drivers. Whenever a horn sounded, all truckers were to stop immediately.

“On the day of the accident, Stanback drove onto the dumpsite, made a U-tum, stopped and waited for a signal from Santos. While Stanback got into position, Santos was directing another driver, Willie McDuffie, through his dumping routine. While Stanback was waiting and McDuffie was pulling forward to finish his dump, Rossi walked toward Santos. When Santos finished with McDuffie and turned toward Stanback, he saw that Stanback had begun to back up and was heading directly at Rossi. Santos immediately yelled to both Rossi and Stanback, but neither heard him because of the noise on the site. Santos then ran to McDuffie’s truck and told him to sound his horn, which McDuffie did twice. Stanback did not heed the first warning. Rossi, however, heard the first blast and turned toward Stanback’s truck. As he turned, Stanback’s truck [331]*331knocked him over and dragged him under the driver’s side rear wheels. Stanback continued to back up. Stan-back heard the second blast and stopped backing up. Santos ran to Stanback’s truck and told him what had happened. Rossi, meanwhile, was caught between the first two sets of tires. Santos told Stanback to pull forward over Rossi so as to render medical attention. Stan-back, however, backed up and over Rossi again. Shortly thereafter, Rossi died.” Id., 704-705.

I

The plaintiffs first claim that the trial court improperly charged the jury as to the applicable standard of care. Specifically, the plaintiffs contend that the trial court refused to instruct the jury in accordance with two of their requests to charge, the combined gist of which was that the degree of care required increases as the risk of harm increases.2 The result of the court’s [332]*332failure to so charge, the plaintiffs assert, is that the jury was misled to believe that reasonable care in this case was “simple care” rather than “very great care.” We disagree.

In reviewing the plaintiffs’ claim, we must determine whether the jury instructions “gave the jury a reasonably clear comprehension of the issues presented for their determination under the pleadings and upon the evidence and were suited to guide the jury in the determination of those issues. . . . [I]n our task of reviewing jury instructions, we view the instructions as part of the whole trial. ... As long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury . . . we will not view the instructions as improper.” (Citations omitted; internal quotation marks omitted.) Blanchette v. Barrett, 229 Conn. 256, 281, 640 A.2d 74 (1994). Moreover, “[a] refusal to charge in the exact words of a request will not constitute error if the requested charge is given in substance. ...” (Citations omitted; internal quotation marks omitted.) State v. Gant, 231 Conn. 43, 47, 646 A.2d 835 (1994).

Here, while the trial court refused to use the exact words of the plaintiffs’ request, it properly instructed the jury that the degree of care required varies with the specific circumstances of a case. Specifically, the court charged that “in circumstances of great danger, [333]*333a correspondingly greater amount of care would be required to constitute reasonable care.” The court also instructed that “ [reasonable care is care proportioned to the danger existing in the surrounding circumstances.” The plaintiffs, in their exception, stated that the trial court did not instruct the jury that the right to assume due care correspondingly decreases as the risk of harm becomes more foreseeable. The court, however, made it clear that the degree of care required, a concept that embraces both the duty to foresee risk of harm and the right to assume due care by others, is dependent on the circumstances of the case.

A consideration of the court’s instructions as to this issue, in conjunction with the entirety of the court’s charge, reveals that the trial court properly instructed the jury on the standard of care required of the defendants.

II

The plaintiffs next claim that the trial court improperly charged the jury that, even if it found the actions of Santos to be inappropriate, it could neither use that determination as a basis for finding Savin negligent, nor impute Santos’ actions to Savin.3 The plaintiffs contend that they established Santos’ negligence, as well as the fact that he was an employee of Savin. Consequently, the jury should have been allowed to impute Santos’ negligence to Savin. The plaintiffs assert that the trial court’s charge prevented the jury from finding liability on the part of Savin based on Santos’ negligence and, therefore, was incorrect as a matter of law.4 We are unpersuaded.

[334]*334We are again guided by the settled rule that “[a]s ‘long as [the instructions] are correct in law, adapted to the issues and sufficient for the guidance of the jury’; Kelley v. Bonney, 221 Conn. 549, 584, 606 A.2d 693 (1992); we will not view the instructions as improper.”

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Cite This Page — Counsel Stack

Bluebook (online)
650 A.2d 920, 36 Conn. App. 328, 1994 Conn. App. LEXIS 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rossi-v-stanback-connappct-1994.