Madenford v. Interstate Lumber & Mill Corp.
Court: Supreme Court of Connecticut; July 21, 1965; Connecticut; State Supreme Court
An appeal was made regarding a wrongful death verdict favoring the defendants, involving the plaintiff as executrix of her deceased husband's estate. The decedent died from injuries sustained when his Volkswagen collided with a truck parked improperly, with a piece of lumber from the truck penetrating his skull. The truck was parked approximately two and a half feet from the curb, violating General Statutes § 14-251, which mandates a distance of no more than twelve inches from the curb. Key facts established during the trial included that the decedent was traveling at 30-35 miles per hour in a 20 mph zone and was observed bent forward with his head on the steering wheel moments before the crash. The car did not brake prior to the impact, and the positioning of both the truck and the decedent’s vehicle suggested that even if the truck had been parked lawfully, a collision would still have occurred. The court instructed the jury that the parking violation constituted negligence per se, but emphasized that it must be shown to be a proximate cause of the decedent's death for liability to attach. The jury ultimately found that the plaintiff did not meet the burden of proof to establish that the statutory violation was a proximate cause of the accident. The court's refusal to set aside the verdict was deemed appropriate, with no errors found in the jury instructions or the court’s handling of the case. The plaintiff's numerous requests for jury instructions were mostly incorporated, and the overall charge was deemed adequate. The court also noted non-compliance with procedural requirements regarding the review of evidence, further supporting the dismissal of the appeal. All judges concurred with the opinion.