Quaranta v. King
133 Conn. App. 565
| Conn. App. Ct. | 2012Background
- Plaintiff Lori A. Quaranta attended a party hosted by defendant on Clam Island near Branford on September 11, 2004.
- Defendant David D'Addario transported guests by boat; docks at 275 Linden Avenue were owned by Donald J. King II and Clam Island is about a quarter mile away.
- Plaintiff fell through a gap between the docks after disembarking from the boat, alleging dangerous/defective dock conditions due to negligence.
- King testified he stored lobster crates and equipment on the docks and sometimes spanned the gap with rubber mats to move equipment.
- Plaintiff sought to admit photographs of the mats; trial court sustained the objection and did not permit the photographs at trial.
- Verdict: jury returned a verdict in favor of the defendant; plaintiff moved to set aside/new trial, which was denied; final judgment in defendant's favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court correctly excluded photographs of the rubber mats | Quaranta: photos are relevant to notice/defect and may contradict King's testimony about the gap. | King's use of mats is prior/antecedent; photos do not reflect conditions on the day of injury; not relevant and prejudicial. | Exclusion affirmed; inability to review due to record gaps; no reversible error established. |
Key Cases Cited
- Lovetere v. Cole, 118 Conn.App. 680 (Conn. App. 2009) (harmless error standard for evidentiary rulings)
- Kalams v. Giacchetto, 268 Conn. 244 (Conn. 2004) (harmless error consideration in civil cases)
- State v. Pelletier, 85 Conn.App. 71 (Conn. App. 2004) (standards for appellate review of evidentiary rulings)
- L'Homme v. Dept. of Transportation, 72 Conn.App. 64 (Conn. App. 2002) (evidentiary error review framework)
- In re Anna B., 50 Conn.App. 298 (Conn. App. 1998) (requires adequate record for review)
- Puchalski v. Mathura, 82 Conn.App. 272 (Conn. App. 2004) (adequacy of record essential to review of evidentiary ruling)
- Taylor v. American Thread Co., 200 Conn. 108 (Conn. 1986) (transcript availability for reviewing trial errors)
- DeMilo v. West Haven, 189 Conn. 671 (Conn. 1983) (transcripts required for evidentiary error review)
- Rice v. Housing Authority, 129 Conn.App. 614 (Conn. App. 2011) (need for complete record to assess merits)
- Cousins v. Nelson, 87 Conn.App. 611 (Conn. App. 2005) (marking exhibits for identification and substitutes when review is possible)