The dispositive issue in this certified appeal is whether, under the circumstances of this case, the trial court improperly refused to instruct the jury regarding General Statutes § 14-240,
As reported in the Appellate Court’s opinion, the jury reasonably could have found the following facts. “On
The plaintiff instituted this negligence action to recover damages for personal injuries sustained as a result of the accident. At trial, “[t]he plaintiff filed a written request to charge, in accordance with Practice Book § 318, which included а request as to the applicability of General Statutes § 14-240. The trial court refused to charge the jury on this statute stating, ‘one of the considerations in application of the statute involves the speed of such vehicles’ and ruling, ‘there is no evidence that [Tyson] saw the plaintiff’s vehicle at any time while it was moving or other than in a stopped condition at the light.’ ” Id., 468.
Our resolution of the plaintiff’s claim hingеs on the meaning of § 14-240. Section 14-240 (a) provides in relevant part: “No driver of a motor vehicle shall follow another vehicle more closely than is reasonable and pru
“The objective of statutory construction is to give effect to the intended purpose of the legislature. State v. Delafose,
“In the construction of the statutes, words and phrases shall be construed according to the commonly approved usage of the language . . . .” General Statutes § 1-1 (a); see Carpenteri-Waddington, Inc. v. Commissioner of Revenue Services,
Case law from other jurisdictions supports this interpretation of § 14-240. See Gallacher v. Commissioner of Revenue Services,
We reject, therefore, the plaintiff’s assertion that a rear end collision, regardless of the manner in which the accident occurs, requires instruction on § 14-240.
“ ‘The court has a duty to submit to the jury no issue upon which the evidence would not reasonably support
The judgment is affirmed.
In this opinion the other justices concurred.
Notes
General Statutes § 14-240 provides: “(a) No driver of a motor vehicle shall follow another vehicle more closely than is reasonable and prudent, having regard for the speed of such vehicles, the traffic upon and the condition of the highway аnd weather conditions.
“(b) No person shall drive a vehicle in such proximity to another vehicle as to obstruct or impede traffic.
“(d) Violation of any of the рrovisions of this section shall be an infraction, provided any person operating a commercial vehicle combination in violation of any such provision shall have committed a violation and shall be fined not less than one hundred dollars nor more than one hundred fifty dollars.”
In addition to the state, the plaintiff also named the driver of the state owned vehicle, Vallerie Tyson, a state еmployee, as a defendant. On October 31, 1988, the court granted the defendants’ motion to strike the complaint as to Tyson. We therefore refer to the state of Connecticut as the defendаnt.
We granted certification to appeal, limited to the following issues: (1) “In the circumstances of this case, should the trial court have instructed the jury in accordance with Connecticut Generаl Statutes § 14-240?” and (2) “If the first question is answered in the affirmative, does the failure to so charge require a new trial?” Wrinn v. State,
Section 14-240 has mitigating elements which raise factual questions for the jury.
Wisconsin Statutes § 346.14 provides in relevant part: “The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehiсle and the traffic upon and the condition of the highway.”
It is clear, however, that § 14-240 sometimes may be applicable in rear end collisions with a stopped vehicle. See, e.g., State v. Tobey,
