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Geer v. First National Supermarkets, Inc.

Citations: 5 Conn. App. 175; 497 A.2d 999; 1985 Conn. App. LEXIS 1124Docket: 3081

Court: Connecticut Appellate Court; September 10, 1985; Connecticut; State Appellate Court

Narrative Opinion Summary

In this appellate case, the defendant challenged a jury verdict favoring the plaintiffs, focusing on alleged errors by the trial court. The case arose from a negligence claim filed by the plaintiff wife after a fall in the defendant's supermarket, which resulted in a substantial jury award for her and her husband for loss of consortium and medical expenses. The defendant raised four primary issues on appeal: the admissibility of expert testimony on permanent injuries, the absence of jury instructions on the plaintiff's duty to mitigate damages, the lack of instructions regarding prior falls at the accident site, and the failure to disregard the plaintiffs' attorney's remarks about those prior falls. The appellate court upheld the trial court’s decisions, citing the discretionary power of trial judges in assessing expert qualifications and the propriety of not instructing the jury on mitigation given the reasonableness of the plaintiff's actions. Additionally, the appellate court noted the absence of plain error and emphasized the procedural lapse by the defendant in not submitting written requests for jury instructions. Consequently, the court affirmed the verdict, ruling that no reversible errors occurred during the trial proceedings.

Legal Issues Addressed

Admissibility of Expert Testimony

Application: The trial court's discretion in determining the qualifications of experts was upheld, as objections were related to the weight of the testimony rather than its admissibility.

Reasoning: The trial court has discretion to determine expert qualifications, and such decisions are seldom overturned unless there is clear legal error.

Duty to Mitigate Damages

Application: The court found no error in the trial court’s decision not to instruct the jury on the duty to mitigate damages, as the plaintiff's adherence to her doctor's treatment plan was deemed reasonable.

Reasoning: The court agreed with the trial court's conclusion that the plaintiff wife's decision to follow her doctor's treatment plan was reasonable and did not necessitate a jury instruction on mitigation.

Jury Instructions and Plain Error Review

Application: The appellate court determined there was no plain error in the trial court's refusal to give certain jury instructions, emphasizing judicial discretion in such matters.

Reasoning: The trial judge's unique position allows for better assessment of trial dynamics and the impact of remarks on the jury.

Requirement for Written Requests for Jury Instructions

Application: The defendant's failure to submit a written request for corrective instructions precluded appellate review based on inadequacies in the jury charge.

Reasoning: The defendant's request for corrective instructions was not submitted in writing as required by Practice Book § 315, and the defendant did not object to the charge at its conclusion.