Lawrence v. Willoughby
Lawrence v. Willoughby
Opinion of the Court
This negligence action, involving a collision between two automobiles, resulted in a judgment for the defendant from which the plaintiff appealed, challenging the correctness of that judgment.
The collision occurred on July 11, 1964, shortly after midnight, on Sylvan Avenue, a public highway running in an easterly and westerly direction in the city of New Haven. The finding, which cannot be corrected in any material respect, shows that as
The plaintiff’s basic claim of error on appeal is that the court erred in applying the doctrine of sudden emergency on the facts of this case. At the outset, we point out that “no pleading is necessary
The defendant here admitted he was “in the wrong.” Obviously, the doctrine of sudden emergency cannot be invoked to permit one “to shield himself behind a situation resulting from his own fault.” Prosser, Torts (3d Ed.), p. 172; see Milicevich v. Paterline, 388 Pa. 346, 350 (sudden emergency doctrine inapplicable where “appellant Paterline practically admits his negligence”); District of Columbia v. Tilghman, 157 A.2d 629, 632 (D.C. Mun. App.); Bellere v. Madsen, 114 So. 2d 619, 621 (Fla.). The defendant’s admission against interest is both weighty and positive. See Hill v. Small, 129 Conn. 604, 605; Miller v. Universal News Delivery Corporation, 122 Conn. 662, 663; Reetz v. Mansfield, 119 Conn. 563, 568; Perrelli v. Savas, 115 Conn. 42, 43. The admission “must be accorded all the weight of a considered admission made out of court.” Russo v. Metropolitan Life Ins. Co., 125 Conn. 132, 137. “Such a statement as that attributed to . . . [this defendant], while it cannot be regarded as the equivalent of direct testimony, is some evidence, circumstantial in its nature, of the
“It has been observed that while courts somewhat readily direct verdicts (or the equivalent) for the defendant, they are reluctant to do so for the plaintiff and cases involving an emergency, when they do so, are rare.” Evans, “The Standard of Care in Emergencies,” 31 Ky. L.J. 207, 229; see 61 C.J.S. 446, Motor Vehicles, § 526; 8 Am. Jur. 2d, Automobiles and Highway Traffic, § 1016. Upon the facts as found, it is apparent to us that the defendant was blameworthy in creating the emergency. But we are concerned with the question whether we should merely order a new trial or remand this case with direction to render judgment for the plaintiff. This depends upon whether the court could have found that “circumstances for which a party is not at fault have resulted in his failure to present the evidence which is lacking in his case and . . . that the necessary evidence will in reasonable probability be available on a retrial.” Robinson v. Southern New England Telephone Co., 140 Conn. 414, 421. “There is nothing to indicate
We hold that, upon the facts as found, the defendant was negligent as a matter of law in failing to have his vehicle under reasonable control and in failing to stop seasonably and thus avoid colliding with the plaintiff’s vehicle, which was properly parked at the curb.
There is error, the judgment is set aside and the case is remanded with direction to render judgment for the plaintiff in the sum of $421.
In this opinion Kosicki and Dearington, Js., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.