DocketNumber: No. 085983
Judges: GAFFNEY, J.
Filed Date: 9/13/1991
Status: Non-Precedential
Modified Date: 7/5/2016
1. The parties were reasonably apprised of the court's intention to charge the jury on the issue of simple negligence, and not on the law of bailment. The court concurred with the defendant's position that there was insufficient evidence of a bailor-bailee relationship to justify a charge thereon. CT Page 7672
Although the amended complaint presents an example of rather poor draftsmanship, the evidence received at trial, in the context of a liberal interpretation of that pleading, permitted submission to the jury of the negligence issue. It was the court's determination, in short, that on the evidence as it related to the issue of liability, the jury could reasonably reach the verdict which it ultimately did reach within the allegations of the complaint. Grzys v. Connecticut Co.,
Despite having early notice of the court's intention, the defendant never communicated to the court any wish to plead contributory negligence; nor did the defendant except to the court's charge on negligence.
2. The court did not admit evidence of the subsequent erection of a fence at the perimeter of the defendant's terminal in proof of the alleged negligence. Evidence of a subsequent repair is, on grounds of public policy, clearly inadmissible in proof thereof. Hall v. Burns,
However, even if the question of control of the locus of the plaintiff's loss was not in issue, as the defendant seems now to concede, "[w]here the subject of the repair is not the alleged cause of the plaintiff's injury but, [as here], is merely an effect or by-product of the injurious accident, the rule's public policy purposes are absent." Rokus v. Bridgeport,
The defendant filed no request in writing for a limiting instruction. Although this would not have precluded the court from giving such instruction; Id. 67; what the defendant's counsel verbally requested; viz., a curative instruction "directing the jury to attach no weight and to totally disregard any testimony concerning security precautions taken by the defendant subsequent to the date of the subject loss;" Def. Motion to Set Aside Verdict and for New Trial (#129); would not have been adapted to the issues or a proper guide for the jury. Steinecke v. Medalie,
The defendant's motions are denied and judgment may enter in accordance with the jury's verdict.
GAFFNEY, J.