Polce v. Stop & Shop Companies, Inc.

• Decision Date: 14 May 1985
• Docket Number: No. 2217,2217
• Citation: Polce v. Stop & Shop Companies, Inc., 492 A.2d 206, 4 Conn.App. 18 (Conn. App. 1985)
• Court: Connecticut Court of Appeals
• Parties: Tecla POLCE et al. v. STOP & SHOP COMPANIES, INC.

Page 206

492 A.2d 206

4 Conn.App. 18

Tecla POLCE et al. v. STOP & SHOP COMPANIES, INC.

No. 2217.

Appellate Court of Connecticut.

Argued Feb. 28, 1985.

Decided May 14, 1985.

Alan G. Schwartz, New Haven, with whom, on the brief, were Jeremy G. Zimmerman and Jeanette C. Schreiber, New Haven, for appellant (defendant).

Bruce D. Jacobs, New Haven, with whom, on the brief, was Stanley A. Jacobs, New Haven, for appellees (plaintiffs).

Before BORDEN, FRACASSE and NORCOTT, JJ.

FRACASSE, Judge.

This is an action for damages resulting from injuries sustained by the plaintiff Tecla Polce while on the premises of the defendant, Stop & Shop Companies, Inc.; the plaintiff Valentino Polce sought damages for loss of consortium. The matter was tried to a jury and judgment was rendered in favor of the plaintiffs. The defendant appealed claiming the court erred in its charge to the jury.

The defendant claims that the court erred by failing to instruct the jury (1) that the defendant's responsibility to compensate the plaintiffs is limited if the plaintiff's disability arose from a subsequent accident, and (2) that the defendant had no responsibility for those injuries attributable to a preexisting condition.

The record indicates that the defendant failed to file a motion to set aside the verdict as required by Practice Book § 320 or § 3000. Such failure limits our review to the standard of plain error. Practice Book § 3063; Pietrorazio v. Santopietro, 185 Conn. 510, 513-16, 441 A.2d 163 (1981); Denby v. Voloshin Cadillac, Inc., 3 Conn.App. 181, 183, 485 A.2d 1360 (1985); Eagar v. Barron, 2 Conn.App. 468, 472, 480 A.2d 576 (1984); Rozbicki v. Pelletier, 2 Conn.App. 87, 88, 476 A.2d 1069 (1984). Examination of the record gives no indication of plain error; the charge...