This appeal challenges the propriety of a judgment for the defendant in a case arising out of an early-morning collision between two cars in Durham in 1974. The plaintiff James T. Kalleher brought an action against the defendant James T. Orr, alleging that the defendant’s negligence had caused personal injury to the plaintiff. The defendant both denied his own negligence and, by way of special defense, put into issue the plaintiff’s negligence. After a jury verdict for the defendant, and the trial court’s refusal to set it aside, the plaintiff appealed from the judgment rendered for the defendant.
The principal claim of error on this appeal is that the verdict of the jury was against the evidence. Our review of a trial court’s refusal to set aside a jury verdict is limited. If, on the evidence, the jury could reasonably have decided as they did, we will not find error in the trial court’s acceptance of the verdict.
Rood
v.
Russo,
The conclusion of the judge who presided at the trial and denied the plaintiff’s motion to set aside the verdict is significant for he had an opportunity superior to ours to evaluate the evidence and to sense the tenor of the trial.
Rood
v.
Russo,
supra, 5;
Butler
v.
Steck,
The jury’s general verdict for the defendant might have been premised either on absence of negligence on the part of the defendant or on comparatively greater negligence on the part of the plaintiff. General Statutes § 52-572h (a);
Messina
v.
Iannucci,
Whether we view this appeal as a challenge to the jury’s determination of the issues of fact;
Bogart
v.
Tucker,
There is no error.
Notes
“[General Statutes] See. 52-572h. Negligence actions. Doctrines applicable, (a) In causes of action based on negligence, contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages resulting from injury to persons or damage to property, if such negligence was not greater than the combined negligence of the person or persons against whom recovery is sought, but any damages allowed shall be diminished in the proportion of the percentage of negligence attributable to the person recovering.”
