143 Conn. App. 15
Conn. App. Ct.2013Background
- Plaintiff and landlord-tenant relationship began in 1999; Dec. 19, 2005 entry to apartment for repairs with worker Leavey; plaintiff alleges forced entry and injury; police interview with parties; plaintiff treated for arm injuries; jury returned verdict for defendants and post-verdict motions denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether verdict was against the weight of the evidence | Lachira argues physical evidence supports her claim | Sutton and estate argue evidence supports verdict for defendants | No abuse; weight-of-evidence standard not met |
| Whether juror misconduct deprived fair trial | Gesture by juror suggested bias in Sutton’s favor | Gesture not misconduct; unimpeachable evidence and timing undermine claim | No juror misconduct; court did not abuse discretion |
Key Cases Cited
- Mlynar v. A. H. Merriman & Sons, Inc., 114 Conn. 647 (1932) (when facts indisputably contradict testimony, verdict may be set aside)
- Lessow v. Sherry, 133 Conn. 350 (1947) (disallows reliance on disputed testimony when physical facts not conclusive)
- Weyant v. Kristy, 126 Conn. App. 180 (2011) (abuse of discretion standard for setting aside verdict; some evidence supports verdict)
- O’Briskie v. Berry, 95 Conn. App. 300 (2006) (juror misconduct analysis; objective standard; credibility not assessed via juror’s mental processes)
- Bernier v. National Fence Co., 176 Conn. 622 (1979) (timeliness requirement for asserting juror misconduct)