Lewis v. Drew
132 Conn. App. 306
| Conn. App. Ct. | 2011Background
- Lewis, a prisoner, was injured in a vehicle crash while being transported by a state employee.
- The accident occurred on Interstate 95 when an unidentified tractor-trailer drifted into the state vehicle, causing a crash and a subsequent collision with Drew's vehicle.
- Plaintiff alleged negligence of the state (count one) and sought uninsured motorist benefits (count two) under a $20,000 policy.
- A jury found in favor of the state on count one and in favor of Lewis on count two; damages were $182,979 and reduced to $20,000 under the uninsured motorist policy.
- Lewis moved to set aside the verdict, arguing the jury instruction on apportionment of liability was improper.
- The trial court denied the motion; on appeal Lewis contends the instruction allowed improper apportionment among Bellemare, Drew, and the unidentified tractor-trailer driver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied the motion to set aside the verdict. | Lewis contends the apportionment instruction was improper. | State argues the issue was not properly preserved for review. | Affirmed; no preservation for review; no abuse of discretion. |
Key Cases Cited
- Pestey v. Cushman, 259 Conn. 345 (2002) (preservation via request to charge or exception required)
- Menon v. Dux, 81 Conn.App. 167 (2004) (preservation requirements for appellate review)
- O'Briskie v. Berry, 95 Conn.App. 300 (2006) (standard for review of trial court's ruling on motion to set aside verdict)