Izzo v. Crowley

Decision Date26 February 1969
Citation157 Conn. 561,254 A.2d 904
CourtConnecticut Supreme Court
PartiesJoseph E. IZZO et al. v. William CROWLEY.

Charles G. Albom, New Haven, with whom was Arthur C. Schubert, New Haven, for appellant (defendant).

Howard F. Zoarski, New Haven, for appellees (plaintiffs).

Before KING, C.J., and ALCORN, HOUSE, THIM and RYAN, JJ.

RYAN, Associate Justice.

This is a negligence action in which the plaintiff Joseph E. Izzo, hereinafter referred to as the plaintiff, seeks to recover damages for personal injuries, and his father, the plaintiff Anthony A. Izzo, seeks to recover for property damage to his automobile arising out of a collision with the car of the defendant on Alps Road in the town of Branford. Alps Road is a public street running generally north and south.

The defendant assigns error in the ruling by the trial court denying a motion for a mistrial by the defendant made after the jury had been selected, at which time the defendant advised the court that a witness would not be available to testify because he was ill. On the afternoon of January 23, 1968, the jury panel was selected and sworn. Defense counsel in his statement to the panel informed the jury that there was a witness whom he expected to call, Eugene Clark of East Haven, in order that the members of the panel might make it known if any of them was acquainted with the prospective witness. After a jury of twelve were selected and the oath administered to them, the court adjourned until January 24, 1968, at 10 a.m. Upon resumption of the trial the next morning, counsel for the defendant moved for a mistrial in view of the fact that Clark, one of the witnesses whom he expected to call and whose name had been mentioned to the jury, became ill with influenza the previous afternoon. He informed the court that he believed that the testimony of this witness was critical in the case and that counsel had been advised that the witness was at home with a temperature of 103 degrees and was to have a doctor that morning. He further told the court that he did not believe that the witness would be available to testify that day or the next day, that the witness had been under subpoena since the early part of December and that as of the previous morning the witness was available to testify.

The trial court denied the motion for mistrial on the grounds that the accident occurred in 1961; that the defendant was well aware that the case was planned for trial; and that it was the responsibility of the defendant to determine the availability of his witness and to inform the court of the situation before the selection of the jury began. The defendant duly excepted to the court's ruling.

The trial court found the following facts concerning the ruling in question: The plaintiff Joseph E. Izzo was the only eye-witness to the accident whose testimony was offered by the plaintiffs, and their proof was based primarily on his testimony as follows: He was attempting to drive his father's car from the private driveway of a gasoline station located on the west side of Alps Road to go south on Alps Road. Alps Road is wide enough to accommodate two cars going in opposite directions. At the time in question weather conditions were icy and snowy, and the surface of Alps Road was covered with ice and snow. As the plaintiff attempted to leave the driveway, he saw the defendant approaching from his right at a speed of twenty miles an hour, whereupon the plaintiff tried to stop his vehicle. At this time, the plaintiff's car skidded into the road facing in a southwesterly direction and collided with the defendant's car which was skidding and which had skidded over to the plaintiff's side of the road. A portion of the defendant's car was to the west of the imaginary center line of the road at the time of impact. There was a passenger in the plaintiff's car, Eugene Clark of East Haven, whom the plaintiff had attempted to get to come to court the previous day by calling him on the telephone. Clark had informed the plaintiff that he could not get out of bed because he had influenza.

During the presentation of the defendant's case, the defendant offered in evidence a written statement signed by Eugene Clark which was excluded by the trial court on objection by the plaintiff. The statement was obviously hearsay, and the court's ruling was correct.

Thereafter, the defendant testified that he did not skid prior to the impact but that the plaintiff's car came out of the driveway suddenly on an angle facing southwesterly and that the defendant was on his own right side of the road when the impact occurred; that he was operating his car with chains on his rear wheels; that the road was fifteen feet...

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17 cases
  • State v. Piskorski
    • United States
    • Supreme Court of Connecticut
    • June 19, 1979
    ...on the trial of such a character that it is apparent to the court that because of it a party cannot have a fair trial. Izzo v. Crowley, 157 Conn. 561, 565, 254 A.2d 904; Ferino v. Palmer, 133 Conn. 463, 466, 52 A.2d 433.' " State v. Grayton, 163 Conn. 104, 112, 302 A.2d 246, cert. denied, 4......
  • State v. Acquin
    • United States
    • Supreme Court of Connecticut
    • July 27, 1982
    ...the statement was hearsay, and therefore admissible only if permitted under some exception to the rule. Izzo v. Crowley, 157 Conn. 561, 563, 254 A.2d 904 (1969); see Tait & LaPlante, Handbook of Connecticut Evidence (1976) c. 11. The defendant has not shown or even argued that the Ricciuti ......
  • State v. Alvarez, 13722
    • United States
    • Supreme Court of Connecticut
    • August 21, 1990
    ...State v. Sharpe, 195 Conn. 651, 664, 491 A.2d 345 (1985); State v. Acquin, supra, 187 Conn. at 680, 448 A.2d 163; Izzo v. Crowley, 157 Conn. 561, 563, 254 A.2d 904 (1969). The defendant sought to introduce Hazard's statement, through Greene, for the truth of the matter asserted therein, i.e......
  • Shelnitz v. Greenberg
    • United States
    • Supreme Court of Connecticut
    • May 27, 1986
    ...State v. Fleming, 198 Conn. 255, 264, 502 A.2d 886 (1986); State v. Festo, 181 Conn. 254, 265, 435 A.2d 38 (1980); Izzo v. Crowley, 157 Conn. 561, 565, 254 A.2d 904 (1969); Ferino v. Palmer, 133 Conn. 463, 466, 52 A.2d 433 (1947). The trial court has wide discretion in ruling on motions for......
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