126 Conn. App. 180
Conn. App. Ct.2011Background
- Weyant sued Kristy for injuries from a February 18, 2006 Milford collision after Kristy, stopping at a stop sign, began to cross and Weyant’s car struck his vehicle.
- A jury trial occurred October 14–15, 2009; the jury found for Kristy; Weyant moved to set aside the verdict and the motion was denied.
- Weyant alleged statutory and common-law negligence; Kristy asserted comparative negligence, which Weyant denied.
- Kristy testified he believed he could safely cross the intersection and noted Weyant’s headlights; he stated he did not hear a horn and described the collision’s impact.
- The trial court denied the motion to set aside the verdict; Weyant appeals claiming the verdict was against the weight of the evidence; the appellate court affirms.
- The court uses a deferential standard for setting aside a verdict and reviews the weight of the evidence, credibility, and whether there was substantial evidence supporting the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the verdict against the weight of the evidence? | Weyant argues the defendant’s admission? admits fault beyond Weyant’s share. | Kristy contends the record supports the jury verdict. | No; the verdict was supported by ample evidence. |
| Does the general verdict doctrine bar review of the claimed error? | General verdict was tainted by admitted fault. | Doctrine not applicable given the mixed issues and lack of specific interrogatories. | Do not apply the general verdict doctrine; review affirmed. |
| Did the trial court abuse discretion in denying set-aside motion based on credibility and weight of evidence? | The jury erroneously gave excessive fault to Weyant. | Evidence supported the jury’s reasonable determination of fault. | No abuse of discretion; ample evidence supported the verdict. |
Key Cases Cited
- Costanzo v. Gray, 112 Conn.App. 614 (Conn. App. 2009) (standard for reviewing denial of motion to set aside verdict; deferential abuse-of-discretion review)
- State v. Scott C., 120 Conn.App. 26 (Conn. App. 2010) (trial judge’s unique position to assess credibility and weight of evidence)
- Sturgeon v. Sturgeon, 114 Conn.App. 682 (Conn. App. 2009) (general principles regarding appellate review of verdicts and potential errors)