2005 Ct. Sup. 14848
No. CV-03-0485007 SConnecticut Superior Court Judicial District of New Haven at New Haven
November 4, 2005
MEMORANDUM OF DECISION RE MOTION TO SET ASIDE THE VERDICT
JOHN C. FLANAGAN, JUDGE TRIAL REFEREE.
The instant lawsuit had its origin in a motor vehicle accident. The collision occurred at the intersection of Campbell and Orange Avenues in the Town of West Haven, Connecticut.
The manner of operation of the involved vehicles was in dispute and presented issues of fact for resolution by the jury.
The jury in response to an interrogatory specifically found that the defendants were not negligent and returned a verdict in their favor.
Litigants have a constitutional right to have factual issues determined by the jury. This right imposes a limitation on the legal discretion of the court to set aside a verdict. Thus the role of the court relative to a motion to set aside a verdict is to examine the evidential basis of the verdict.
There was a fertile field of evidence from which the jury could reasonably reach its conclusion, to wit: the plaintiff entered the intersection against a red light; the left front of the plaintiff’s vehicle struck the right rear of the adverse vehicle.
The court finds no basis for disturbing the verdict. There was no evidence that the jury was improperly motivated.
There was no claim of error in any evidential ruling nor were there any exceptions to the charge.
Motion denied. CT Page 14849