Daley v. Kashmanian

Citations

• 193 Conn. App. 171

Syllabus

The plaintiff sought to recover damages from the defendant police detective, K, and the defendant city of Hartford for personal injuries he sustained when he was ejected from his motorcycle after it was struck by K's unmarked vehicle, which was not equipped with flashing or revolving lights or a siren, while K was surveilling the plaintiff and traveling above the speed limit in the wrong lane of traffic. The plaintiff sought to recover damages on the basis of K's alleged reckless and negligent conduct, claiming that K's conduct violated a ministerial duty imposed on him by certain motor vehicle statutes. After the case was tried to a jury, the trial court granted K's motion for a directed verdict on the plaintiff's recklessness claim. The jury thereafter returned a verdict in favor of the plaintiff on his negligence claim. Subsequently, the trial court set aside the verdict on the negligence count, concluding that the plaintiff's allegations related to discretionary acts for which the defendants were immune from liability pursuant to the statute (§ 52- 557n) concerning governmental immunity. From the judgment rendered thereon, the plaintiff appealed to this court. Held: 1. The trial court improperly directed a verdict in favor of K as to the plaintiff's recklessness claim, as the evidence, viewed in a light most favorably to the plaintiff, was sufficient for the jury reasonably to con- clude that K acted recklessly: on the basis of the evidence presented, the jury reasonably could have concluded that K consciously disregarded state laws relating to speed limits, reckless driving, following too closely and traveling in the correct lane of traffic in a situation in which a high degree of danger was present, and that he was aware of the risks and dangers his conduct imposed on others, yet showed little regard for the consequences of his actions; accordingly, the plaintiff was entitled to have his recklessness claim submitted to the jury. 2. The trial court properly set