130 Conn. App. 502
Conn. App. Ct.2011Background
- Progressive Northern Insurance appeals the trial court's denial of its motions for a directed verdict and to set aside the verdict after a jury trial in favor of Ronald Rawls.
- Rawls sought underinsured motorist coverage; the insurer answered, placing the burden on Rawls to prove Bailey's negligence.
- The accident occurred March 27, 2006, at night on North Avenue in Bridgeport; Rawls, stopped at a light, was rear-ended when Bailey's vehicle collided with him.
- Rawls testified he heard a noise, lost consciousness for a few minutes, and did not know Bailey's speed, looking direction, or whether brakes were applied.
- Evidence showed substantial vehicle damage consistent with a collision, but Rawls presented no eyewitness testimony or direct facts tying Bailey's conduct to negligence.
- The trial court denied the directed-verdict motions; after trial the jury returned a verdict for Rawls, and the court denied the motion to set aside the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused discretion in denying the motion to set aside the verdict. | Rawls claims sufficient evidence of Bailey's negligence and causation. | Progressive argues there was no evidence of negligence or proximate cause. | Verdict set aside; lack of evidentiary causation requires reversal. |
Key Cases Cited
- Schweiger v. Amica Mut. Ins. Co., 110 Conn. App. 736 (2008) (no evidence of causation beyond collision itself)
- O'Brien v. Cordova, 171 Conn. 303 (1976) (injury requires removal of negligence from conjecture)
- Burton v. Stamford, 115 Conn. App. 47 (2009) (need eyewitness/physical factors for proximate cause evidence)
- Winn v. Posades, 281 Conn. 50 (2007) (excessive speed alone does not prove proximate cause)
- Marciano v. Kraner, 126 Conn. App. 171 (2011) (abuse of discretion review; palpable injustice required)