Todd v. Malafronte

484 A.2d 463, 3 Conn. App. 16, 1984 Conn. App. LEXIS 719
CourtConnecticut Appellate Court
DecidedDecember 4, 1984
Docket2198
StatusPublished
Cited by41 cases

This text of 484 A.2d 463 (Todd v. Malafronte) 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
Todd v. Malafronte, 484 A.2d 463, 3 Conn. App. 16, 1984 Conn. App. LEXIS 719 (Colo. Ct. App. 1984).

Opinion

Spallone, J.

The plaintiff, Elizabeth W. Todd, operated a dog kennel business on her property in Beacon Falls. Her home was on the same parcel of land, approximately two hundred feet from the kennel. It was her custom to hire a part-time summer employee to work approximately twenty hours or less per week in the kennel.

In June of 1975, the defendant George Linardos, an insurance agent employed by the defendants Gerald Malafronte and Thomas Keegan,1 when discussing with the plaintiff her insurance needs, advised her that she did not need to purchase workers’ compensation insurance for her part-time summer employee and sold her other insurance. Prior to the plaintiff’s renewal of that insurance in 1976 and 1977, the defendant Karen Voos, another insurance agent employed by Malafronte and Keegan, also represented to the plaintiff that workers’ compensation insurance was not necessary. In 1977, a part-time summer employee was injured on the plain[18]*18tiff’s property and filed a workers’ compensation claim. The claim was ultimately settled by stipulation under which the plaintiff paid the employee $2000.

The plaintiff instituted the present suit to recover that amount as well as $3000 in attorney’s fees which she incurred in defending the claim. The complaint alleges that the representations by the defendants that the plaintiff did not need workers’ compensation insurance were inaccurate and false, and that, in reliance on those representations, the plaintiff did not purchase workers’ compensation coverage. Although the complaint sounds in misrepresentation, the case was tried and decided on the theory of negligence. We therefore review this case on the basis on which it was tried and decided. See Beckenstein v. Potter & Carrier, Inc., 191 Conn. 120, 132, 464 A.2d 6 (1983); Hallmark of Farmington v. Roy, 1 Conn. App. 278, 280, 471 A.2d 651 (1984).

After a jury trial, a general verdict was returned in favor of the plaintiff in the amount of $5318. Thereafter, the trial court denied the defendants’ motion to set aside the verdict. This appeal followed. The defendants claim (1) that the trial court erred in failing to set aside the verdict because neither a standard of care nor a breach of that standard of care were proved by the defendants, (2) that the trial court erred in refusing to set aside the verdict because the plaintiff did not require workers’ compensation coverage, and (3) that the trial court erred in excluding evidence concerning the plaintiff’s recovery under a commercial liability policy for the same loss.2

The defendants initially argue that the trial court erred in sustaining the verdict in the absence of expert testimony to establish the existence of a standard of [19]*19care which applied to them. They contend that, as insurance agents, their conduct must conform to a professional standard. Relying on the fact that insurance agents receive extensive training and must pass a state licensing examination, they argue that questions of professional competence were raised and that expert testimony was necessary to establish the proper standard of care against which to measure their actions.

A conclusion of negligence is ordinarily one of mixed law and fact, involving the determination of the standard of care required and its application to the facts of the particular case. Marley v. New England Transportation Co., 133 Conn. 586, 591, 53 A.2d 296 (1947). “In the ordinary action for negligence the jury can apply, unaided by experts, the standard of care of the reasonably prudent person under the circumstances.” Levett v. Etkind, 158 Conn. 567, 573, 265 A.2d 70 (1969). This standard does not apply to an action where laymen cannot be expected to know the requirements of proper care in the usual case. Id., 573-74.3

Insofar as the sale of insurance requires specialized knowledge, we agree that this case differs from the ordinary negligence action since matters within that specialized body of knowledge are crucial to the determination of the issues raised. Our review of the testimony adduced at trial, however, leads us to conclude that the requirements of proper care applicable to insurance agents were adequately established for the guidance of the jury. The transcript reveals that the defendant Linardos testified that it is the responsibility of the insurance agent to make sure of the fact that the potential insured has the proper coverage. This testimony, while sparse, was sufficient to amount to an [20]*20opinion by one with special knowledge of the sale of insurance on the standard of care to which an insurance agent is held. See Nielson v. D’Angelo, 1 Conn. App. 239, 246, 471 A.2d 965 (1984).

While the requirements of proper care in a case such as this are a matter of specialized knowledge, the determination of the facts concerning the conduct under consideration is, as always, for the jury. See Levett v. Etkind, supra, 575; Snyder v. Pantaleo, 143 Conn. 290, 295, 122 A.2d 21 (1956). Here, the plaintiffs evidence was not so lacking in testimony on the standards applicable to insurance sales as to defeat her recovery. See Slimak v. Foster, 106 Conn. 366, 370, 138 A. 153 (1927). Linardos himself provided evidence sufficient to support a verdict. Puro v. Henry, 188 Conn. 301, 308, 449 A.2d 176 (1982); Console v. Nickou, 156 Conn. 268, 274, 240 A.2d 895 (1968); Slimak v. Foster, supra.

To address the defendants’ next argument that no evidence was presented to show that they breached this standard of care, we must also consider their claim that the plaintiff did not require workers’ compensation coverage. The defendants contend that no coverage was necessary because the plaintiff’s part-time worker was not an employee as that term is defined in the Workers’ Compensation Act. General Statutes § 31-275. That statute provides in part: “(5) ‘Employee’ means any person who has entered into or works under any contract of service or apprenticeship with an employer . . . but said term shall not be construed to include . . . (D) any person engaged in any type of service in or about a private dwelling provided he is not regularly employed by the owner or occupier over twenty-six hours per week . . . .” The defendants argue that the plaintiffs employee, who worked twenty hours or less per week, came within the exception set forth in subsection (5) (D) of General Statutes § 31-275. We do not agree.

[21]*21The fact that the plaintiff operated a commercial dog kennel on her property was not in dispute.

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Bluebook (online)
484 A.2d 463, 3 Conn. App. 16, 1984 Conn. App. LEXIS 719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/todd-v-malafronte-connappct-1984.