FISI v. CYR, 243 Conn. 249 (1997)

701 A.2d 1057

JEFFREY D. FISI ET AL. v. HOLLY B. CYR ET AL.

(SC 15583)Supreme Court of Connecticut

Callahan, C.J., and Berdon, Norcott, Katz and Palmer, Js.

Argued October 1, 1997

Officially released November 11, 1997

Procedural History
Action to recover damages for personal injuries sustained by the named plaintiff as a result of an automobile accident allegedly caused by the defendants’ negligence, and for other relief, brought to the Superior Court in the judicial district of New London at Norwich and tried to the jury before Hurley, J.; verdict for the defendants; thereafter, the court denied the plaintiffs’ motion to set aside the verdict and rendered judgment in accordance with the verdict, from which the plaintiffs appealed to the Appellate Court; subsequently, the appeal was withdrawn as to the defendant Lois A. Fecteau, and the Appellate Court, Dupont, C.J., and Heiman and Hennessy, Js., affirmed the trial court’s judgment, and the named plaintiff, on the granting of certification, appealed to this court. Appeal dismissed.

Martin M. Rutchik, with whom, on the brief, was Sharon L. Gibbs, for the appellant (named plaintiff).

Richard D. Haviland, for the appellee (named defendant).

Page 250

Opinion
PER CURIAM.

After examining the record on appeal and considering the briefs and oral arguments of the parties, we have determined that the appeal in this case should be dismissed on the ground that certification was improvidently granted.[1]

The appeal is dismissed.

[1] We granted the named plaintiff’s petition for certification to appeal limited to the following issue: “In the circumstances of this case, did the Appellate Court properly affirm the judgment of the trial court denying the plaintiffs’ motion to set aside the verdict based upon allegedly improper communications made by court personnel to the jury during its deliberations?”Fisi v. Cyr, 239 Conn. 955, 688 A.2d 325 (1996).