Preston v. Keith

• Citation: 214 Conn. 807,573 A.2d 320
• Court: Supreme Court of Connecticut
• Decision Date: 28 March 1990
• Parties: Rebecca PRESTON et al. v. Anthony J. KEITH et al.

Page 320

573 A.2d 320

214 Conn. 807

Rebecca PRESTON et al. v. Anthony J. KEITH et al.

Supreme Court of Connecticut.

Decided March 28, 1990.

William J. Melley III, Hartford, in support of the petition.

Terence S. Hawkins, New Haven, in opposition.

The defendants' petition for certification for appeal from the Appellate Court, 20 Conn.App. 656, 570 A.2d 214, is granted, limited to the following issue:

"In a negligence action in which the evidence raises an issue about the plaintiff's conduct with respect to the duty to mitigate damages: (1) what instructions should the jury receive about the relationship between mitigation of damages and proximate cause? (2) What is the appropriate allocation of the burden of proof on the issue of mitigation of damages?"