167 Conn. 292 | Conn. | 1974
The plaintiff brought this action seeking damages for injuries which she alleged were sustained as .a result of the negligence of the named defendant when she fell leaving the ladies’ room
The record discloses that the elderly plaintiff failed to offer any evidence as to what caused her to fall. At the trial, she was unable to recall the circumstances of the accident and her only explanation of the fall was contained in her deposition which, over objection, was read to the jury. In response to the direct question, “What made you fall?” her reply was, “I was coming out of the bathroom, anybody can happen — so I just fell on the steps, and I fell.”
In the absence of any evidence which would justify the jury in finding that the defendant was negligent or, assuming they could reasonably and logically find that the defendant was'negligent, that that negligence was the proximate cause of the plaintiff’s injuries, the court should have granted the defendant’s motion for judgment notwithstanding the verdict.
There is error and the case is remanded with direction to render judgment for the defendant.