DocketNumber: AC 20227
Citation Numbers: 62 Conn. App. 727
Judges: Freedman
Filed Date: 4/10/2001
Status: Precedential
Modified Date: 9/8/2022
Opinion
The defendant, Charles Spencer, Jr., appeals from the judgment of the trial court rendered after it granted the motion filed by the plaintiffs
The following facts are relevant to this appeal. The plaintiffs brought this action for damages sustained in an automobile accident that occurred on January 14, 1995, when the plaintiffs’ vehicle struck the defendant’s vehicle. The plaintiffs maintained at trial that the defendant caused the accident by making a darting left turn
Following a trial, the jury returned a verdict in favor of the defendant. The plaintiffs then filed a motion to set aside the verdict, claiming, inter alia, that they were improperly precluded from presenting expert testimony from Officer Vincent Vizzo of the Derby police department due to the court’s mistaken belief that Vizzo had not been disclosed as an expert witness pursuant to Practice Book § 13-4.
“Our standard of review, where the trial court’s action on a motion to set aside a verdict is challenged, is whether the trial court clearly abused its discretion. . . . The decision to set aside a verdict is a matter
In granting the plaintiffs’ motion, the court reviewed the circumstances under which it precluded Vizzo from providing expert opinion testimony. Defense counsel had initially objected to Vizzo being allowed to provide expert opinion testimony on the ground that there was no disclosure pursuant to Practice Book § 13-4. Plaintiffs’ counsel countered by stating that he thought he had disclosed Vizzo, but when told that the court could find no evidence of it in the file, the plaintiffs’ counsel indicated that he would stand corrected. The court sustained the objection, thus precluding Vizzo from providing expert opinion testimony. A postverdict review of the court file revealed that the disclosure of Vizzo was made two and one-half years before trial and thus, the basis for the court’s decision was erroneous.
In its memorandum of decision granting the motion to set aside the verdict, the court stated: “There was a mutual mistake on the part of defense counsel and the court in concluding that no disclosure had been made
On the basis of our review of the record, and considering the briefs and argument of counsel, we cannot say that the court’s decision to set aside the verdict constituted an abuse of discretion. In so holding, we note the defendant’s argument that the court sustained his nondisclosure objection with respect to a line of questioning about the sequence of traffic lights and that the plaintiffs never asked Vizzo any questions about the point of impact. Our review of the trial transcript, however, reveals that the court precluded Vizzo from offering opinion testimony and that this was not limited to
Finally, the defendant argues that Vizzo’s testimony would have been merely cumulative. In that regard, we note that the court, which had firsthand knowledge of the trial and the evidence presented, concluded, rather, that the preclusion of Vizzo’s testimony was so significant as to be harmful, thus resulting in the court’s granting the motion to set aside the verdict. Specifically, the court stated: “Vizzo was ready to opine about the principal issue in the case, namely where the impact occurred, and that it occurred near or where the plaintiffs said it did rather than where the defendant asserted it happened. This evidence as to what import the location of crash debris on the roadway might have had in determining the point of impact was important to liabil
The judgment is affirmed.
In this opinion the other judges concurred.
The plaintiffs are Margarita Meló and Sara Epifano.
Practice Book § 13-4 (4) provides in relevant part: “[A]ny plaintiff expecting to call an expert witness at trial shall disclose the name of that expert, the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion, to all other parties within a reasonable time prior to trial. ... If disclosure of the name of any expert expected to testily at trial is not made in accordance with this subsection, or if an expert witness who is expected to testily is retained or specially employed after a reasonable time prior to trial, such expert shall not testify if, upon motion to preclude such testimony, the judicial authority determines that the late disclosure (A) will cause undue prejudice to the moving party; or (B) will cause undue interference with the orderly progress of trial in the case; or (C) involved bad faith delay of disclosure by the disclosing party. . . .”
The court stated to the plaintiffs’ counsel at trial: “Really what you are asking [Vizzo] to do — this is a close question. [Defense counsel’s] objection is that you are asking [Vizzo] really to offer an opinion about something; and it may be an opinion based on facts, but it is an opinion. ... He wasn’t disclosed as a person who was going to offer expert opinions, even though he may well be qualified to do so. ... I sustain the objection.”