Wrinn v. State

661 A.2d 1034, 234 Conn. 401, 1995 Conn. LEXIS 262
CourtSupreme Court of Connecticut
DecidedJuly 25, 1995
Docket15085
StatusPublished
Cited by24 cases

This text of 661 A.2d 1034 (Wrinn v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wrinn v. State, 661 A.2d 1034, 234 Conn. 401, 1995 Conn. LEXIS 262 (Colo. 1995).

Opinion

Norcott, J.

The dispositive issue in this certified appeal is whether, under the circumstances of this case, the trial court improperly refused to instruct the jury regarding General Statutes § 14-240,1 which prohibits [403]*403vehicles from following too closely. The plaintiff, Eugene Wrinn, instituted this action against the defendant, the state of Connecticut,2 to recover damages for personal injuries sustained when the defendant’s vehicle collided with the rear end of the plaintiffs vehicle while it was stopped at a traffic signal at the end of a highway off ramp. The plaintiff alleged that the defendant was negligent in following his vehicle too closely in violation of § 14-240. At trial, the plaintiff requested that the trial court instruct the jury on that allegation. The trial court denied this request. Thereafter, the jury returned a verdict in favor of the defendant and the trial court rendered judgment accordingly. The plaintiff appealed to the Appellate Court, which affirmed the judgment of the trial court. Wrinn v. State, 35 Conn. App. 464, 646 A.2d 869 (1994). We granted the plaintiff’s petition for certification,3 and now affirm the judgment of the Appellate Court.

As reported in the Appellate Court’s opinion, the jury reasonably could have found the following facts. “On [404]*404May 20, 1986, the plaintiff had been driving south on the Connecticut Turnpike, Interstate 95. He exited the highway in Norwalk at exit sixteen and stopped his vehicle behind another vehicle at a traffic signal at the end of the exit ramp. The weather was rainy and misty, and the road was wet. Vallerie Tyson, an employee of the state department of mental retardation, was operating a motor vehicle owned by the state in the ordinary course of her employment. Tyson entered the turnpike at exit fifteen and proceeded at a speed no greater than forty-five miles per hour between exits fifteen and sixteen. At exit sixteen, Tyson turned onto the exit ramp, and saw two vehicles ahead of her stopped at the traffic signal at the end of the ramp. As she slowed her vehicle it began to slide. Although Tyson attempted to avoid a collision, the vehicle collided with the rear of the plaintiffs vehicle. The tires on Tyson’s vehicle were in good condition, the brakes were in good working order, and the vehicle had not skidded at any time prior to the collision.” Wrinn v. State, supra, 35 Conn. App. 465-66.

The plaintiff instituted this negligence action to recover damages for personal injuries sustained as a result of the accident. At trial, “[t]he plaintiff filed a written request to charge, in accordance with Practice Book § 318, which included a request as to the applicability of General Statutes § 14-240. The trial court refused to charge the jury on this statute stating, ‘one of the considerations in application of the statute involves the speed of such vehicles’ and ruling, ‘there is no evidence that [Tyson] saw the plaintiff’s vehicle at any time while it was moving or other than in a stopped condition at the light.’ ” Id., 468.

Our resolution of the plaintiff’s claim hinges on the meaning of § 14-240. Section 14-240 (a) provides in relevant part: “No driver of a motor vehicle shall follow another vehicle more closely than is reasonable and pru[405]*405dent . . . .” (Emphasis added.) Neither our statutes nor our case law have defined the phrase “follow another vehicle more closely than is reasonable and prudent.” The plaintiff argues that this phrase should be interpreted broadly to mean “going or coming after. The plaintiff asserts that the occurrence of a rear end collision entitles the victim to have the jury instructed on § 14-240, thereby allowing the jury the opportunity to determine whether the defendant is per se negligent if the statute is violated.4 Therefore, the plaintiff claims that the trial court improperly denied his request to instruct the jury regarding § 14-240. We disagree.

“The objective of statutory construction is to give effect to the intended purpose of the legislature. State v. Delafose, 185 Conn. 517, 521, 441 A.2d 158 (1981). . . . Forsyth v. Rowe, 226 Conn. 818, 828, 629 A.2d 379 (1993). [Ordinarily, where] the language of the statute is clear and unambiguous, it is assumed that the words themselves express the intent of the legislature and there is no need for statutory construction . . . . All Brand Importers, Inc. v. Dept. of Liquor Control, 213 Conn. 184, 195, 567 A.2d 1156 (1989). . . . Haesche v. Kissner, 229 Conn. 213, 223, 640 A.2d 89 (1994).” (Internal quotation marks omitted.) First Bethel Associates v. Bethel, 231 Conn. 731, 739, 651 A.2d 1279 (1995).

“In the construction of the statutes, words and phrases shall be construed according to the commonly approved usage of the language . . . .” General Statutes § 1-1 (a); see Carpenteri-Waddington, Inc. v. Commissioner of Revenue Services, 231 Conn. 355, 362, 650 A.2d 147 (1994); State v. Indrisano, 228 Conn. 795, 809, 640 A.2d 986 (1994); State v. Jimenez, 228 Conn. 335, 341, 636 A.2d 782 (1994); Carr v. Bridgewater, 224 [406]*406Conn. 44, 56-57, 616 A.2d 257 (1992); Caldor, Inc. v. Heffernan, 183 Conn. 566, 570, 440 A.2d 767 (1981). In order to ascertain the plain meaning of the word “follow,” it is appropriate to look to the dictionary definition. See State v. Indrisano, supra, 809 (employing dictionary definition); Aetna Life & Casualty Co. v. Bulaong, 218 Conn. 51, 61-62, 588 A.2d 138 (1991) (same); Robert S. Weiss & Associates, Inc. v. Wiederlight, 208 Conn. 525, 534-35, 546 A.2d 216 (1988) (same). “Follow” has been defined as: “to move behind in the same path or direction.” Webster’s New International Dictionary (2d Ed. 1941). More specifically, in the context of a motor vehicle statute, the term “follow” implies movement of two vehicles: a leader and a follower. Thus, § 14-240, read in light of the plain meaning of the word “follow,” requires that in order to prove a violation the plaintiff must show that: (1) the rear vehicle “followed” the front vehicle; and (2) the distance between the vehicles was closer than is reasonable and prudent under the circumstances.

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Bluebook (online)
661 A.2d 1034, 234 Conn. 401, 1995 Conn. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wrinn-v-state-conn-1995.