Gajewski v. Pavelo

• Decision Date: 28 June 1994
• Docket Number: No. 14843,14843
• Citation: 643 A.2d 1276,229 Conn. 829
• Court: Connecticut Supreme Court
• Parties: Maria GAJEWSKI et al. v. Arthur PAVELO et al.

Page 1276

643 A.2d 1276

229 Conn. 829

Maria GAJEWSKI et al. v. Arthur PAVELO et al.

No. 14843.

Supreme Court of Connecticut.

Argued March 31, 1994.

Decided June 28, 1994.

Rosalind J. Koskoff, with whom were Michael P. Koskoff and, on the brief, Richard A. Fuchs, Bridgeport, for appellants (plaintiffs).

Barbara Brazzel-Massaro, Associate City Atty., for appellees (defendant city of Bridgeport et al.).

James E. Coyne, with whom, on the brief was Colleen D. Fries, Bridgeport, for appellee (defendant Utica Radiator Corp.).

Before CALLAHAN, BORDEN, BERDON, KATZ and PALMER, JJ.

BORDEN, Associate Justice.

The dispositive issue of this appeal is the applicability of the general verdict rule. The jury's handwritten verdict stated that the plaintiffs' claims were "inconclusive," but did not specifically mention the defendants' special defense. On the basis of this verdict, the trial court rendered judgment in favor of the defendants. The plaintiffs appealed to the Appellate Court, which applied the general verdict rule and affirmed the judgment of the trial court. Gajewski v. Pavelo, 32 Conn.App. 373, 629 A.2d 465 (1993). We granted the plaintiffs' petition for certification to appeal. ¹ We now reverse the judgment of the Appellate Court.

The Appellate Court recounted the following facts and procedural history: "The plaintiffs' [Maria Gajewski, Jan Gajewski and Janusz Gajewski] amended complaint consisted of ten counts, ² essentially involving three causes of action, a product liability claim against Utica Radiator Corporation (Utica) arising out of its manufacture of a gas fired boiler, a negligence claim against two employees of the city of Bridgeport, Joseph Savino and Guido Vagnini, for failure to inspect or to make reasonable efforts to inspect the installation of the boiler, and an indemnification claim against the city of Bridgeport pursuant to General Statutes § 7-465. Utica denied that its gas fired boiler filled the Gajewski residence with dangerous and toxic levels of carbon monoxide that allegedly caused serious, painful and permanent injuries to the plaintiffs. Utica also denied that it introduced its boilers into the stream of commerce, that its products were expected to reach consumers without substantial change, and that one of its boilers had reached the plaintiffs' household without substantial change. Utica denied that its boiler was a defective and unreasonably dangerous product and also denied that it had failed to provide proper instructions for installation, had failed to warn the plaintiffs adequately of various dangers arising from use of the boiler and had failed to design a safe product. Further, Utica denied that the plaintiffs' injuries were proximately caused by its allegedly defective gas boiler. Utica's answer also raised two special defenses, one claiming that any injuries sustained by the plaintiffs were caused by their own negligence and carelessness, and the other claiming that the amount of any verdict against Utica should be reduced by any amounts paid or agreed to be paid by any present or prior defendants to the action. Utica filed a cross claim against the Southern Connecticut Gas Company and the city of Bridgeport for indemnification and filed a cross claim against all the codefendants for contribution pursuant to General Statutes § 52-572o. ³ Southern Connecticut Gas Company denied all cross claims by Utica.

"The plaintiffs' negligence claim against the two city employees was based on the failure to inspect, to make provisions to inspect, to warn and to establish standards for inspection. The plaintiffs alleged that, as a result of the city employees' negligence and carelessness, the plaintiffs sustained their injuries. The individual defendants and the city denied all allegations of negligence and denied that any failure to act was the proximate cause of the plaintiffs' injuries. The individual defendants and the city of Bridgeport also raised four special defenses. The defenses claimed were sovereign immunity, contributory negligence, immunity provided by General Statutes § 52-557n, and that any verdict against them should be reduced by any amounts paid by Southern Connecticut Gas Company and Arthur Pavelo, the installer of the boiler. They also filed a counterclaim against Jan Gajewski for indemnification claiming that he was primarily liable for the plaintiffs' injuries because he failed to clean his chimney when advised to do so, replaced a door to the furnace room when advised not to do so and failed to respond to notices calling for inspection of the furnace. ⁴

"The jury heard evidence that in the fall of 1981 the plaintiffs had a gas fired boiler manufactured by Utica installed in their residence by Pavelo. The plaintiffs had previously used an oil fired boiler, which generated a buildup of soot in the chimney flue. At the time of installation, Pavelo, a licensed plumber, cleaned the chimney sufficiently to render the furnace operational. The plaintiffs were advised by Pavelo, prior to the installation of the boiler, of the necessity of having the chimney thoroughly cleaned but were never directly warned of the necessity by Utica. ⁵

"On January 9, 1982, Maria was found unconscious in her home. Her husband, Jan, and adult son, Janusz, were found semiconscious. They were diagnosed as having carbon monoxide poisoning. The poisonous gases resulted from a buildup of soot in the chimney flue. This buildup prevented proper ventilation of the boiler. At no time prior to January 9, 1982, was the installation of the boiler inspected by the employees of the city of Bridgeport or the gas company, although they had attempted to make appointments for inspection with the plaintiffs. Jan and Janusz substantially recovered from the poisoning. Maria suffered permanent total disability of her nervous system manifested as cognitive impairment and difficulty with speech, coordination and gait. She also experiences bouts of depression due to her condition.

"Prior to jury deliberation, all parties had agreed that verdict forms and interrogatories were necessary in this case because of its complex nature, and had essentially agreed as to their wording and content. The parties, however, had not finished preparing their interrogatories and verdict forms when the court began its charge to the jury during the late morning of November 27, 1991. The court stated in its charge that it anticipated that there would be interrogatories and verdict forms by the time afternoon deliberations began. Deliberations were over, however, later that same afternoon before the interrogatories or verdict forms were available. No objection was made by the plaintiffs or the defendants to the court's allowing the jury to deliberate without them. The jury returned a handwritten verdict that read: 'We, the jury, based upon the evidence presented to us, unanimously agree that all claims against the defendants: The Utica Radiator Corp., The City of Bridgeport et al and Southern New England Gas Co. ⁶ are inconclusive. We, therefore, find them not liable for the injuries sustained in the suit brought by the Gajewski family.' The trial court accepted the verdict and rendered judgment 'in favor of Utica Radiator Corporation, the city of Bridgeport, Joseph Savino, Guido Vagnini, and Southern Connecticut Gas Company, and that the plaintiffs recover no damages of said defendants.' " Gajewski v. Pavelo, supra, 32 Conn.App. 375-79, 629 A.2d 465.

The plaintiffs appealed to the Appellate Court, claiming that the jury instructions were so confusing that they provided inadequate guidance to the jury. The defendants contended that the general verdict rule precluded review of the plaintiffs' claims, and also, inter alia, that the jury instructions were proper. Id., 375.

The Appellate Court agreed that the general verdict rule applied, and affirmed the judgment of the trial court. The general verdict rule provides that if a jury renders a general verdict for one party, and no party requests interrogatories, an appellate court will presume that the jury found every issue in favor of the prevailing party. See, e.g., Curry v. Burns, 225 Conn. 782, 786, 626 A.2d 719 (1993); Stone v. Bastarache, 188 Conn. 201, 204, 449 A.2d 142 (1982). The Appellate Court concluded that the general verdict rule applied because the defendants had denied the plaintiffs' cause of action and pleaded special defenses, ⁷ and because the plaintiffs' failure to object to jury deliberation without interrogatories was the functional equivalent of a failure to request interrogatories. Gajewski v. Pavelo, supra, 32 Conn.App. 381-82, 629 A.2d 465. In interpreting the verdict, the Appellate Court reasoned: "the jury could have found for the defendants because it either concluded that no one of the defendants was the proximate cause of the plaintiffs' injuries or that the plaintiffs were contributorily negligent in excess of 50 percent in the actions grounded in negligence or that the comparative responsibility provisions of General Statutes § 52-572o were inapplicable because the plaintiffs were totally responsible for their injuries." Id., at 383, 629 A.2d 465. Applying the general verdict rule, the Appellate Court concluded that the verdict for each defendant need not be disturbed and that, therefore, it was not necessary to reach the other claims of error relating to the jury charge. Id., 383, 629 A.2d 465. This appeal followed.

The plaintiffs claim that the general verdict rule does not apply in the circumstances of this case because the jury stated the basis for its verdict, just as if an appropriate interrogatory had been posed. We agree.

Under the general verdict rule, "if a jury renders a general verdict for one party, and no party requests interrogatories, an appellate court will presume that the jury found every issue in favor of the prevailing party." Curry v. Burns, supra, 225 Conn. at 786, 626 A.2d 719. Thus, in a case in which...