23 Conn. App. 735 | Conn. App. Ct. | 1991
The plaintiff appeals from the judgment of the trial court granting the defendant’s
After due notice pursuant to General Statutes § 13a-144,
The commissioner then moved to set aside the verdict pursuant to Practice Book § 320,
A trial court’s discretion is limited when setting aside a jury verdict. Paramount is the basic principle that it must not usurp the factfinding function of the jury. It is well established law that, where a jury trial is elected, “[IJitigants have a constitutional right to have issues of fact decided by the jury . . . .” Vetre v. Keene, 181 Conn. 136, 138, 434 A.2d 327 (1980); Hanauer v. Coscia, 157 Conn. 49, 53, 244 A.2d 611
The key question in this case is whether there was evidence from which the jury could have inferred that the hole was caused by the construction work and existed for a length of time sufficient to establish constructive notice on the part of the commissioner. Obviously, the existence of the defect, its cause and duration are questions for the trier of fact, here the jury. Circumstantial evidence as to the size of the defect, its causation and duration was presented and is competent evidence. Young v. West Hartford, 115 Conn. 384, 387,161 A. 523 (1932). The evidence presented in this case, though circumstantial, addresses the question of whether the defect existed for a sufficient length of time to put the commissioner on constructive notice so that he could remedy the dangerous conditions.
In this case, the plaintiff presented ample evidence to sustain the jury’s verdict. Where there is evidence, direct or circumstantial, even though quantitatively slight, that supports the jury’s verdict, an intrusion by the trial court is unwarranted. Whether the plaintifff sustained her burden of proof is a question for the jury to decide. Carfora v. Globe, Inc., 5 Conn. App. 526, 529, 500 A.2d 958 (1985), cert. denied, 198 Conn. 804, 503 A.2d 1186 (1986). Because there was ample evidence to support the jury’s determination, the trial court improperly determined that that evidence was insufficient to support the jury’s verdict.
Because the trial court expressly stated that it based its verdict solely on the ground of insufficient evidence, this case must be remanded for the trial court’s resolution of the other issues raised in the defendant’s motion to set aside the verdict.
The judgment is reversed and the case is remanded to the trial court for further proceedings to resolve the issues raised in the defendant’s motion to set aside the verdict.
The original defendants in this action were J. William Burns, commissioner of transportation, and the town of Bloomfield. The case was withdrawn as to the defendant town of Bloomfield.
General Statutes § 13a-144 provides in pertinent part: “damages for INJURIES SUSTAINED ON STATE HIGHWAYS OR SIDEWALKS. Any person injured in person or property through the neglect or default of the state or any of its employees by means of any defective highway, bridge or sidewalk which it is the duty of the commissioner of transportation to keep in repair . . . may bring a civil action to recover damages sustained thereby against the commissioner in the superior court. No such action shall be brought except within two years from the date of such injury, nor unless notice of such injury and a general description of the same and of the cause thereof and of the time and place of its occurrence has been given in writing within ninety days thereafter to the commissioner.”
Practice Book § 320 provides: “Motions in arrest of judgment, whether for extrinsic causes or causes apparent on the record, motions to set aside a verdict and motions for new trials, unless brought by petition served on the adverse party or parties, must be filed with the clerk within five days after the day the verdict is accepted or judgment rendered, exclusive of such days as the clerk’s office is not open; provided that for good cause the court may extend this time. The clerk shall notify the trial judge of such filing. Such motions shall state the specific grounds upon which counsel relies.