DocketNumber: No. CV-93-034-41-055
Citation Numbers: 1994 Conn. Super. Ct. 12755
Judges: REYNOLDS, STATE TRIAL REFEREE. CT Page 12756
Filed Date: 12/14/1994
Status: Non-Precedential
Modified Date: 4/18/2021
This case was a predicated on allegations of common law and statutory negligence in the complaint and allegations of common law and statutory negligence in the special defenses.
CGS Sec.
The jury was properly instructed that if they "unanimously find" plaintiff to be fifty-one percent or more contributorily negligent they must return a verdict for defendants.
It is reasonable to conclude the jury found plaintiff to be fifty-one percent or more contributorily negligent.
The court cannot "second guess" the jury's verdict. The allegations "by way of special defense" provide a wide spectrum of contributory negligence on the part of the plaintiff. The jury was properly instructed on the mechanics of CGS Sec.
This general verdict for the defendants founded on issues of credibility, conflicting testimony, the tight physical location of the vehicles and stationary objects, before and after impact, is a classic example of the type of case to be submitted to a jury.
There is no evidence of improper influences, manifest injustice, disregard of evidence or the law, prejudice, corruption or partiality.
The claims of plaintiff submitted in support of this motion are founded on speculation, guess, surmise and self-serving conclusions inadequate to be classified as "evidential underpinnings" CT Page 12757 to warrant setting aside the verdict for the defendants.
Motion denied.
John N. Reynolds State Trial Referee