Riley v. Travelers Home & Marine Ins. Co.
Decision Date | 10 September 2019 |
Docket Number | SC 19968 |
Court | Connecticut Supreme Court |
Parties | C. Andrew RILEY v. The TRAVELERS HOME AND MARINE INSURANCE COMPANY |
Linda L. Morkan, Hartford, with whom were Daniel F. Sullivan and, on the brief, Jonathan E. Small, Hartford, for the appellant (defendant).
Proloy K. Das, Hartford, with whom were Kristen L. Zaehringer, New Haven and, on the brief, Leonard M. Isaac, Waterbury and James J. Nugent, Orange, for the appellee (plaintiff).
Palmer, McDonald, D'Auria, Mullins, Kahn and Ecker, Js.
This appeal concerns a question of civil procedure arising when a jury returns a verdict in favor of the plaintiff that the defendant claims was not supported by sufficient evidence presented during the plaintiff's case-in-chief. Under what has come to be known as the waiver rule, "when a trial court denies a defendant's motion for a directed verdict at the close of the plaintiff's case, the defendant, by opting to introduce evidence in his or her own behalf, waives the right to appeal the trial court's ruling." Sears, Roebuck & Co. v. Board of Tax Review , 241 Conn. 749, 756–57, 699 A.2d 81 (1997). The defendant, The Traveler's Home and Marine Insurance Company, contends that the waiver rule is inapplicable to civil cases in which a trial court reserves decision on a motion for a directed verdict pursuant to Practice Book § 16-37.1 We disagree and conclude that the waiver rule is applicable regardless of whether a motion for a directed verdict has been reserved for decision or denied. Thus, a court reviewing the sufficiency of the evidence to support a jury's verdict must consider all of the evidence considered by the jury returning the verdict, not just the evidence presented in the plaintiff's case-in-chief.
The plaintiff, C. Andrew Riley, commenced this action against the defendant for breach of contract and negligent infliction of emotional distress stemming from the defendant's handling of the plaintiff's homeowner's insurance claim. At the close of the plaintiff's case-in-chief, the defendant moved for a directed verdict on the plaintiff's negligent infliction of emotional distress claim, and the trial court reserved decision on that motion. The defendant then presented evidence in its defense, some of which supported the plaintiff's contention that the defendant had been negligent in its investigation of his homeowner's insurance claim. The jury returned a verdict for the plaintiff on both counts. The defendant timely moved for judgment notwithstanding the verdict, renewing its motion for a directed verdict and requesting the court to set aside the verdict on the claim of negligent infliction of emotional distress and render judgment for the defendant. The trial court, relying primarily on evidence that emerged during the defendant's case, determined that there was sufficient evidence to support the jury's verdict and denied the defendant's motion. The Appellate Court affirmed the trial court's judgment; Riley v. Travelers Home & Marine Ins. Co. , 173 Conn. App. 422, 462, 163 A.3d 1246 (2017) ; and we affirm the judgment of the Appellate Court.
The Appellate Court summarized the facts and procedural history as follows. "On February 26, 2009, a fire destroyed a significant portion of the plaintiff's home in Pomfret, in which he and his wife, Barbara Riley, had been living and raising their children for more than twenty-five years. On the morning of the fire, the plaintiff was working on a project in a room on the first floor of his home when he received a telephone call from ADT Security Services, his home security service provider, notifying him that it had received an alert that there was a fire in his home. The plaintiff, initially in disbelief, immediately proceeded to the second floor of his home to look for the cause of the alert. Upon ascending the stairs, he saw flames through the open door of a room at the top of the stairs that was used as an office and exercise room, in which he had been exercising earlier that morning. Seeing that the room was engulfed in flames, he initially attempted to close the door but could not get it to stay closed. He thus took an old bathrobe from the adjacent bedroom and draped it over the door to keep it closed. In so doing, the plaintiff sustained a minor burn on his arm. Finally, after retrieving his wife's jewelry from their bedroom, the plaintiff ran back downstairs, confirmed with ADT that there was a fire in his home, and went outside to wait for assistance. Upon the arrival of multiple fire companies, the fire was promptly extinguished. As a result of the fire, the room in which the fire had occurred was essentially destroyed, along with most of its contents, including all of the family's photograph albums, a Mother's Day card to Barbara Riley, a sonogram
photo of one of their children, and an uncashed check in the amount of $30,000, which Barbara Riley had received as a work bonus. Although the fire was contained in that one room on the second floor, it caused extensive smoke damage throughout the plaintiff's home.
(Footnotes omitted.) Riley v. Travelers Home & Marine Ins. Co. , supra, 173 Conn. App. at 425–28, 163 A.3d 1246. In support of its motion, the defendant argued Id., at 432, 163 A.3d 1246.
After the defendant's presentation of evidence, the jury returned a verdict in favor of the plaintiff. ...
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