Borsoi v. Sparico
| Decision Date | 16 June 1954 |
| Citation | 141 Conn. 366,106 A.2d 170 |
| Parties | BORSOI v. SPARICO et al. Supreme Court of Errors of Connecticut |
| Court | Connecticut Supreme Court |
Charles A. Watrous, New Haven, with whom, on the brief, was Richard H Spencer, New Haven, for appellants (defendants).
Charles G. Albom, New Haven, with whom was Frederick R. Houde, Branford, for appellee (plaintiff).
Before INGLIS, C. J., and BALDWIN, O'SULLIVAN, WYNNE and DALY, JJ.
The plaintiff sued the defendants to recover damages for personal injuries alleged to have been sustained by him as a result of the negligence of the defendant Alfred Giordano, agent of the defendant Raymond Sparico. The defendants offered no evidence and moved for a directed verdict on the ground of the claimed insufficiency of the plaintiff's evidence. The motion was denied, and the jury rendered a verdict for the plaintiff. The defendants moved the court for judgment notwithstanding the verdict upon the grounds that the verdict was contrary to the law, contrary to the evidence and could only be based on surmise and conjecture; alternatively, they moved that the court set aside the verdict upon the same grounds. The motion was denied, and from a judgment for the plaintiff the defendants have appealed, assigning as error the denial of the motion to set the verdict aside, the denial of the motion for judgment notwithstanding the verdict, and instructions given to the jury in the charge.
The plaintiff was the only witness on the question of liability. The jury might reasonably have found the following facts: The plaintiff owned a tract of land in Branford and made an agreement with the defendant Sparico whereby Sparico was to level off the land by moving earth from one portion to another. Sparico's employees, the defendants Giordano and Cyril Ulnar, assisted him. A steam shovel, a bulldozer and two trucks were used. On June 8, 1951, the plaintiff was watching the defendant and his employees when Ulnar accidentally backed one of the trucks into a hole. Ulnar, Giordano and the plaintiff discussed the situation and decided to get a chain and pull the truck out. The plaintiff and Giordano went underneath it and attached a chain to the front axle. In the end, the truck was pushed onto firm ground with a bulldozer by Ulnar, and Giordano dumped its load. Then the plaintiff said to Ulnar, in Giordano's presence, '[W]e have to take the chain out.' Ulnar went to the bulldozer, and the plaintiff crawled under the truck to remove the chain. While he was under the truck, Giordano suddenly and without warning leaped into the truck and drove it forward, dragging the plaintiff along the ground and injuring him. There were no obstacles to interfere with vision of the various persons. When the plaintiff crawled under the truck, its cab was not occupied. As Giordano drove forward Ulnar called to him to desist, but it was too late. The plaintiff, while in his position of danger, saw and heard this. On June 14, 1951, the plaintiff executed for the defendants a signed statement of what had happened. It was not offered in evidence.
The defendants base their contention that the court erred in denying their motion for judgment notwithstanding the verdict or to set the verdict aside upon their claim that the plaintiff did not establish negligence upon the part of Giordano. They say that there was no evidence upon which the jury could have found that he knew or should have known that the plaintiff was or might be under the truck when it was started. In support of this claim, they contend that the plaintiff's evidence did not indicate that Giordano had heard or should have heard the plaintiff say to Ulnar, '[W]e have to take the chain out.' The answer to this is the plaintiff's testimony that his statement to Ulnar was made in the presence of Giordano and that the chain was still attached to the front axle of the truck when Giordano suddenly jumped into the cab, started the truck and drove it forward, knowing that the plaintiff had been present shortly before that. In addition, Giordano knew that the plaintiff had helped him attach the chain to the truck by crawling under it, and he also knew or should have known, as he started the truck, that the plaintiff was not at the place where he had been. Due care is always predicated on the existing circumstances. The peculiarity of the circumstances surrounding an accident may furnish support for a defendant's verdict, but the trier of the fact is, in this state, given a wide latitude in drawing the inference of negligence. Rosa v. American Oil Co., 129 Conn. 585, 588, 30 A.2d 385. Orlo v. Connecticut Co., 128...
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Holbrook v. Casazza
...the established rules of law." Atlantic Richfield Co. v. Canaan Oil Co., 202 Conn. 234, 240, 520 A.2d 1008 (1987); Borsoi v. Sparico, 141 Conn. 366, 371, 106 A.2d 170 (1954). Because the charge was correct in law and ample for the guidance of the jury, it met the required test. See State v.......
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Neal v. Shiels, Inc.
...persons come so in conjunction that the failure by one to exercise that care is likely to cause injury to the other. Borsoi v. Sparico, 141 Conn. 366, 370, 106 A.2d 170.' Hedderman v. Robert Hall of Waterbury, Inc., 145 Conn. 410, 413, 144 A.2d 60, 62. "The ultimate test of the existence of......
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Preston v. Keith, 13919
...the established rules of law.' Atlantic Richfield Co. v. Canaan Oil Co., 202 Conn. 234, 240, 520 A.2d 1008 (1987); Borsoi v. Sparico, 141 Conn. 366, 371, 106 A.2d 170 (1954)." Holbrook v. Casazza, 204 Conn. 336, 351-52, 528 A.2d 774 (1987), cert. denied, 484 U.S. 1006, 108 S.Ct. 699, 98 L.E......
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Atlantic Richfield Co. v. Canaan Oil Co.
...the case to the jury in such a way that injustice is not done to either party under the established rules of law. Borsoi v. Sparico, 141 Conn. 366, 371, 106 A.2d 170 [1954]. Since the charge was sufficiently correct in law, adapted to the issues and ample for the guidance of the jury, it me......