Selinsky v. Morganbesser
Selinsky v. Morganbesser
Opinion of the Court
The plaintiff appeals from a judgment rendered in favor of the defendants. The case was submitted to the trial court upon a stipulation between the parties that the court consider the pleadings, memoranda of law, all exhibits filed in support of motions, depositions and affidavits with exhibits, and all material in the court file submitted by the parties.
The plaintiff was the beneficiary under her late husband’s labor union welfare fund plan and brought this
When it was discovered that, through administrative error, the depositions had not been brought to the attention of the trial court for consideration, the plain
After having considered the depositions, the trial court incorporated its previous memorandum of decision and made it a part of a new memorandum of decision. The court found that Selinsky had a minor accident which triggered his preexisting heart condition and that he then died from a heart attack. It concluded that the accident alone did not cause the death, but that it triggered the preexisting heart condition which ultimately caused death, that the accident was not the sole proximate cause of death, and that the exclusionary language of the policy precluded the plaintiff from recovering under the double indemnity provisions of the policy. The trial court rendered judgment for the defendants, and this appeal from that judgment followed.
The plaintiff states the issues as (1) whether the accident or the disease was the proximate cause of death, (2) whether the cardiovascular disease was a condition of health or a cause of death, and (3) whether the plaintiff’s claim was in any way prejudiced by having the same trial judge who had rendered the earlier decision rehear the matter and render a second decision. The real issue in this case, however, as stated by the defendant, is whether the court erred in finding that the plaintiff is not entitled to an accidental death benefit. We find no error.
At the outset, we dispose of the plaintiff’s third issue. The record contains a stipulation that “judgment may be entered by the Honorable Albert W. Cretella, Jr.” Judge Cretella had rendered the first decision and he was concerned about considering the case again, as
The essence of the plaintiffs remaining claims is that Selinsky’s hypertensive cardiovascular disease was a condition, but that the cause of death was the automobile accident. The death certificate listed the immediate cause of death as cardiac arrest due to or as a consequence of hypertensive cardiovascular disease, with cardiomegaly, after collapse following minor motor vehicle accident. The report of the medical examiner contains the following information: “According to the wife, while driving a vehicle with his son, a man went through a stop sign at an intersection hitting the Selinsky vehicle causing minor damage. Mr. Selinsky and his son got out of their motor vehicle and were apparently unharmed. An argument ensued with the driver of the other vehicle and Mr. Selinsky suddenly collapsed.” The trial court had the benefit of depositions taken from three doctors who had examined the available reports. The three doctors agreed that the accident triggered an acute myocardial infarction and
It is clear from the language of the plan that the plaintiff could not recover if Selinsky’s heart condition contributed in any way to his death. Put another way, in order for the plaintiff to prevail, she had to establish that the accident was the sole proximate cause of Selinsky’s death, and that the preexisting heart condition did not contribute in any way thereto.
What is the proximate cause of death in an action such as this is a question of fact to be determined by the trier from a consideration of the evidence. Rinaldi v. Prudential Ins. Co., 118 Conn. 419, 425, 172 A. 777 (1934). On appeal, it is the function of this court to determine whether the decision of the trial court is clearly erroneous. Where the legal conclusions of the court are challenged, we must determine whether they are legally and logically correct and whether they find support in the facts set out in the memorandum of decision; where the factual basis of the court’s decision is challenged we must determine whether the facts set out in the memorandum of decision are supported by the evidence or whether, in the light of the evidence and the pleadings in the whole record, those facts are clearly erroneous. Pandolphe’s Auto Parts, Inc. v. Manchester, 181 Conn. 217, 221-22, 435 A.2d 24 (1980). We have examined the briefs of the parties and the entire file and, applying this standard, do not find that the decision of the trial court is clearly erroneous.
There is no error.
In this opinion the other judges concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.