140 Conn. App. 167
Conn. App. Ct.2013Background
- Plaintiff Lauren Cima sued Nicholas Sciaretta Jr. after a 2007 motor vehicle collision caused by Sorbo driving Sciaretta’s car; Sorbo was driving with the son’s permission.
- Owner Sciaretta’s son Eric had general authority to use the vehicle for his own pleasure and convenience; Sorbo was operating the vehicle at the time of the crash.
- Plaintiff alleged negligence by the driver and vicarious liability under the family car doctrine, plus negligent entrustment against the owner.
- Trial included a motion in limine to exclude evidence of permissive use; the court denied it.
- Jury found for plaintiff on the negligence theory, awarded economic damages of about $11,068 and noneconomic damages of $245,000; collateral-source reduction reduced economic damages to $9,607.98; defendant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of permissive-use evidence | Cima; permissive use imputes agency under Dibble/Chen. | Sciaretta; evidence irrelevant to agency. | Admissible; relevant to imputation under family car doctrine. |
| Directed verdict on vicarious liability | Sorbo’s negligence imputable via son’s general authority under family car doctrine. | No direct liability for owner; no need to present to jury. | No error; indirect application via family car doctrine permissible. |
| Jury instruction on lookout/agency | Instructions properly conveyed potential agency through permissive use. | Instruction improperly equated consent to agency. | Claim not preserved; even if preserved, general verdict rule bars relief. |
| Preservation and general verdict rule | Claims adequately preserved; verdict supported on multiple theories. | Error preserved but not reversible. | Claim rejected; general verdict rule applies; no reversible error. |
Key Cases Cited
- Dibble v. Wolff, 135 Conn. 428 (Conn. 1949) (family car doctrine scope and agency concepts underlying liability)
- Chen v. Bernadel, 101 Conn. App. 658 (Conn. App. 2007) (permits imputation of third-party negligence to owner through agent-like authority)
- Koops v. Gregg, 130 Conn. 185 (Conn. 1943) (distinguishes statutory agent presumption under 52-183; not controlling here)
- Cogan v. Chase Manhattan Auto Financial Corp., 276 Conn. 1 (Conn. 2005) (defines family car doctrine)
- Malaguit v. Ski Sundown, Inc., 136 Conn. App. 381 (Conn. App. 2012) (general verdict rule guidance)