Zarrelli v. Barnum Festival Society, Inc.

505 A.2d 25, 6 Conn. App. 322, 1986 Conn. App. LEXIS 857
CourtConnecticut Appellate Court
DecidedFebruary 25, 1986
Docket3239
StatusPublished
Cited by49 cases

This text of 505 A.2d 25 (Zarrelli v. Barnum Festival Society, Inc.) 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
Zarrelli v. Barnum Festival Society, Inc., 505 A.2d 25, 6 Conn. App. 322, 1986 Conn. App. LEXIS 857 (Colo. Ct. App. 1986).

Opinion

Hull, J.

This case raises, in stark relief, the question of the adequacy of a jury award of $65,000, before reduction for comparative negligence, for the negligently caused death of a twenty-two year old single, working female who was run over by the rear wheels of a flatbed trailer and died twenty-five days later from the injuries received. We conclude that we must “bite the bullet” and, for the first time in Connecticut, find in the necessarily uncertain area of a jury’s valuation of a human life, such an award inadequate as a matter of law.

On July 5,1976, the plaintiffs’ decedent Janice Goodwin, was a passenger on a float in a Barnum Festival parade in Bridgeport when she fell through a false cardboard floor and was crushed by the rear wheels of the flatbed trailer carrying the float. The plaintiffs, co-administrators of the decedent’s estate, brought this negligence action against the Barnum Festival Society, Inc., Connecticut National Bank (CNB) and United Technologies Corporation (UTC). The plaintiffs claimed that CNB sponsored the float and that UTC lent the tow motor and flatbed trailer which were used to transport the float. The jury returned a verdict in favor of the defendants CNB and UTC and in favor of the plaintiffs against Barnum in the amount of $65,000, reduced to $35,750 because the jury found the plaintiffs’ decedent to be 45 percent comparatively negligent. The plaintiffs filed a motion to set aside the verdict, for judgment notwithstanding the verdict and for a new trial. The trial court denied that motion. The plaintiffs appeal from the judgment on the verdict, claiming inadequacy of the damages assessed against Barnum and claiming error in the finding that the defendant CNB was not liable. The plaintiff claims that the evidence estab[324]*324lished that CNB was jointly liable for Barnum’s negligence because CNB as a sponsor-agent of Barnum had broad authority over the construction and operation of the float. We find that the court erred in not setting aside the verdict against Barnum on the grounds of inadequacy and did not err in refusing to set aside the verdict for CNB.1

The facts, viewed in the light most favorable to sustaining the verdicts; Herb v. Kerr, 190 Conn. 136, 459 A.2d 521 (1983); are as follows: The Barnum Festival Society is an organization of volunteers which holds an annual festival of events in Bridgeport including a parade with floats sponsored by different private companies. CNB donated money to Barnum for the parade. At the time CNB’s funds were committed to the festival, it did not know that those funds would be used to construct a float. CNB took no part in the supervision of the float’s construction.

The float resembled a trolley car. It was built on a flatbed trailer pulled by a tow motor, both of which were supplied by UTC. The trailer was hooked to the tow motor by a gooseneck coupler. Since the gooseneck stuck up in the air, the builders of the float covered it and made it into an enclosure for the conductor. They built a false floor around the gooseneck using cardboard supported by furring strips. This cardboard floor was then covered in the same manner as the rest of the floor of the float.

Janice Goodwin was on the “Wing Ding” committee which consisted of a group of volunteers who organized a special event for children and built a float for the parade. Goodwin helped build the float involved in this case and was aware that the false floor would not support her. She had been asked immediately before the start of the parade to warn others of the false floor. [325]*325She had been drinking during the parade and shortly before the accident declared she was drunk. On the way back to the starting point of the parade, she moved up to the platform seat at the conductor station which was surrounded by the false floor. She fell off the platform seat and through the false floor beneath the moving trailer. She was run over by the rear wheels.

While on the ground, Goodwin was aware that she was about to be run over by the trailer. The wheels ran over her midsection crushing her pelvic area and leaving a visible tire track. She received very severe and painful injuries to the organs, bones and tissue of the pelvic area. Immediately after the accident, Goodwin was writhing in pain and pleading “don’t let me die.” She was taken to Bridgeport Hospital where she was in constant pain throughout her twenty-five day hospitalization until her death. She was aware of the massive nature of her injuries and in constant fear of dying. She was very upset that her pelvic injuries would prohibit her from bearing children. Despite massive medical procedures, Goodwin died on July 30,1976, as a result of her injuries.

When she died, Goodwin was twenty-two years old. She was an active and healthy young woman who was well liked by her friends. She lived with her fiance, Joseph Lopez, and they planned to be married on July 9,1976. She had a very close and special relationship with her mother. She particularly enjoyed music and dancing. She had a fondness for, and rapport with, children. She was employed at the time of her death as a bank teller at an annual salary of $6725, and was to receive a raise to $7300 a year in September, 1976. She received fringe benefits worth $700 a year. She was an excellent employee who was popular with her co-workers. She had an earning expectancy of $168,000 after reduction to present value and deduction of personal living expenses and taxes. The economic value [326]*326of the services she could have rendered as a housewife and mother was $612,000, after reduction to present value. She had an estimated life expectancy of 57.22 years, and an estimated work life expectancy of 25.12 years. Medical expenses totalled $9107.62. Funeral expenses were $1441.25.

There are serious constitutional issues posed by setting aside a jury verdict. This is so because “ ‘[ljitigants have a constitutional right to have issues of fact decided by the jury.’ Bambus v. Bridgeport Gas Co., 148 Conn. 167, 169, 169 A.2d 265 (1961). ‘The right to a jury trial is fundamental in our judicial system, and... the right is one obviously immovable limitation on the legal discretion of the court to set aside a verdict, since the constitutional right of a trial by jury includes the right to have issues of fact as to which there is room for reasonable difference of opinion among fair-minded men passed upon by the jury and not by the court.’ Camp v. Booth, 160 Conn. 10, 13, 273 A.2d 714 (1970); Jacobs v. Goodspeed, 180 Conn. 415, 429 A.2d 915 (1980); Gosselin v. Perry, 166 Conn. 152, 168, 348 A.2d 623 (1974).” Barbieri v. Taylor, 37 Conn. Sup. 1, 2, 426 A.2d 314 (1980). Accordingly, a court should move cautiously in deciding to set aside a jury’s verdict.

A court should be especially hesitant to set aside a jury’s award of damages. This is particularly true in a wrongful death case where “[i]t serves no useful purpose to compare a verdict in one . . . case with those in others.

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Bluebook (online)
505 A.2d 25, 6 Conn. App. 322, 1986 Conn. App. LEXIS 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zarrelli-v-barnum-festival-society-inc-connappct-1986.