Vaine v. Exxon Co. USA, No. 279465 (Nov. 25, 1994)

Connecticut Superior Court

Vaine v. Exxon Co. USA, No. 279465 (Nov. 25, 1994)

1994 Conn. Super. Ct. 11788

CourtConnecticut Superior Court

DecidedNovember 25, 1994

DocketNo. 279465

StatusUnpublished

This text of 1994 Conn. Super. Ct. 11788 (Vaine v. Exxon Co. USA, No. 279465 (Nov. 25, 1994)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vaine v. Exxon Co. USA, No. 279465 (Nov. 25, 1994), 1994 Conn. Super. Ct. 11788 (Colo. Ct. App. 1994).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]ORDER "The issue of proximate cause is ordinarily a question of fact for the trier." Maebry v. McNeil, 13 Conn. App. 167, 169 (1988). Here, the trier reasonably could have found that the plaintiff's lighting a cigarette in his automobile after having had gasoline spilled on him, rather than any negligence of the defendant resulting in the spillage itself, was the proximate cause of the plaintiff's ensuing injuries. Cf. Courtney v.American Oil Co., 229 So.2d 675 (Fla.App. 1968), reh. denied.

The objections to the report of the attorney trial referee are overruled. Judgment may enter on the report.

Bruce L. Levin Judge of the Superior Court

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]ORDER "The issue of proximate cause is ordinarily a question of fact for the trier." Maebry v. McNeil, 13 Conn. App. 167, 169 (1988). Here, the trier reasonably could have found that the plaintiff's lighting a cigarette in his automobile after having had gasoline spilled on him, rather than any negligence of the defendant resulting in the spillage itself, was the proximate cause of the plaintiff's ensuing injuries. Cf. Courtney v.American Oil Co., 229 So.2d 675 (Fla.App. 1968), reh. denied.

The objections to the report of the attorney trial referee are overruled. Judgment may enter on the report.

Bruce L. Levin Judge of the Superior Court

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1994 Conn. Super. Ct. 11788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaine-v-exxon-co-usa-no-279465-nov-25-1994-connsuperct-1994.

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