125 Conn. App. 514
Conn. App. Ct.2010Background
- Rua sued Kirby and Aviles for injuries from a rear-end collision on Park Avenue, Bridgeport.
- Kirby drove the other vehicle; Aviles owned it and may be vicariously liable.
- Rua alleged extensive back injuries and a preexisting degenerative disc disease.
- Rua amended the complaint to include aggravation of the asymptomatic preexisting condition.
- Trial occurred December 16–19, 2003; the jury returned a verdict for Rua in the amount of $22,941.03.
- Rua moved to set aside the verdict claiming the court erred by not instructing the jury to 'take the plaintiff as they find him'; the trial court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in not giving an eggshell plaintiff instruction | Rua should have been given 'take the plaintiff as they find him'. | No evidence showed aggravation of a preexisting condition; instruction was improper. | No reversible error; court acted within discretion. |
Key Cases Cited
- Olkowski v. Dew, 48 Conn.App. 864 (1998) (jury charge must reflect evidence and pleadings; no error when not supported)
- Rubano v. Koenen, 152 Conn. 134 (1964) (preexisting injury charge when aggravation is raised by evidence)
- Iazzetta v. Nevas, 105 Conn.App. 591 (2008) (eggshell doctrine; still must prove nature and duration of injuries)
- Mojica v. Benjamin, 64 Conn.App. 359 (2001) (instructions must guide jurors and cover issues supported by evidence)