Merhi v. Becker

• Decision Date: 21 March 1973
• Citation: 325 A.2d 270,164 Conn. 516
• Parties: Ronald MERHI v. Richard H. BECKER et al.
• Court: Connecticut Supreme Court

Page 270

325 A.2d 270

164 Conn. 516

Ronald MERHI v. Richard H. BECKER et al.

Supreme Court of Connecticut.

March 21, 1973.

Daniel Shepro, Bridgeport, with whom, on the brief, was Edward G. Burstein, Bridgeport, for appellant (defendant International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Local 1010).

Thomas L. Nadeau, Bridgeport, with whom, on the brief, were Theodore I. Koskoff and Jordan R. Lustig, Bridgeport, for appellee (plaintiff).

Before HOUSE, C.J., and SHAPIRO, LOISELLE, MacDONALD and BOGDANSKI, JJ.

BOGDANSKI, Associate Justice.

The plaintiff, Ronald Merhi, brought this action in four counts to recover damages for personal injuries allegedly caused by the willful and negligent acts of the defendants Richard H. Becker, the Italian Community Center, Inc., and the International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Local 1010 (hereinafter referred to as Local 1010). The counts as to the defendants Richard H. Becker and the Italian Community Center, Inc., were thereafter withdrawn and the case was submitted to a jury as to the remaining defendant, Local 1010. From a verdict and judgment rendered against it, Local 1010 has appealed to this court.

In its only assignment of error Local 1010 alleged that the court erred in denying its motion to set aside the verdict on the ground it was not supported by the evidence and the law. The validity of a claim that a verdict is not supported by the evidence is tested by the evidence in the appendices to the briefs. Practice Book § 718; Guglielmo v. Klausner Supply Co., 158 Conn. 308, 320, 259 A.2d 608. In view of this sole claim, the parties properly stipulated that no finding would be necessary.

Local 1010 contends (1) that the jury could not reasonably have found that the defendant was negligent in discharging its duty of care toward those attending the picnic and (2) that even if the jury found the defendant negligent, it could not reasonably have found that its negligence was the proximate cause of the plaintiff's injuries.

There was evidence from which the jury could find the following facts: On July 21, 1962, the plaintiff, a member of Local 1010, attended an outdoor picnic planned and sponsored by the defendant Local 1010 for the benefit of its union members and their guests. The picnic was held in Newtown, Connecticut, at grounds rented by the defendant Local 1010 and approximately 500 people attended. There was an admission price of $1.50 per person.

The committee designated by the union to be in charge of the picnic decided to have three or four policemen on duty at the grounds and a member of the committee was paid by the union to hire the policemen. In fact, however, only one person was assigned to police the grounds and he was not a regular member of any police force, normally worked in a shop, and was sixty years of age. On the morning of the picnic, the chairman of the committee determined that more police protection was needed. No additional police, however, were obtained.

The admission price entitled the patrons to all the food and beer they desired. Some of the union members brought their own liquor. The tenor of the picnic became noisy and inharmonious. Many men and women went swimming in the pool with their clothes on. Richard Becker testified that during the day he had more than five beers and 'it could have been more than a thousand.' Everyone had been drinking quite a bit. Becker was involved in two fights during the picnic, one with John Keiper, a member of the committee sponsoring the picnic. This altercation with Keiper was characterized by Becker as a 'brawl' and was witnessed by Leonard Benigno, treasurer of the defendant Local 1010.

Becker was not arrested, evicted or escorted from the grounds after his physical involvement with Keiper. About a half-hour later Becker went to his car which was parked in the picnic area, drove the car into the area of the picnickers, aimed and steered it in the direction of Keiper, but struck and injured the plaintiff instead.

In his brief the plaintiff asserts that the jury could reasonably have found the defendant Local 1010 negligent in (1) failing to provide adequate police protection; (2) in failing to monitor the actions of its patrons in light of their consumption of alcoholic beverages; (3) in failing to arrest, restrain or evict Becker after his involvement in two physical altercations and (4) in failing to prevent Becker from reentering the immediate picnic area with his car.

As a paying guest at the picnic, the plaintiff had the status of an invitee. Ford v. Hotel & Restaurant Employees & Bartenders Union, 155 Conn. 24, 32, 229 A.2d 346; Lowthert v. Loyal Order of Moose of Stamford Lodge 940, Inc., 147 Conn. 529, 533, 163 A.2d 106. The defendant Local 1010, as the possessor of the premises on that day, had the duty of exercising reasonable care and control to protect its invitees from dangers which might reasonably be anticipated to arise from the conditions of the premises or the activities taking place there. Greenley v. Miller's, Inc., 111 Conn. 584, 150 A. 500. 'In particular, the possessor must exercise the power of control or expulsion which his occupation of the premises gives him over the conduct of a third person who may be present, to prevent injury to the visitor at his hands. He must act as a reasonable man to avoid harm . . . even from intentional attacks on the part of such third persons.' Prosser, Law of Torts (4th Ed.) § 61, p. 395. On the evidence, the jury could properly find that the defendant Local 1010 had failed to...