Motzer v. Haberli
Motzer v. Haberli
Opinion of the Court
Opinion
The plaintiff, Randall Motzer, appeals
The record reveals the following undisputed facts. In June, 2004, the plaintiff graduated from a technical high school where he had received training for “electrical residential wiring.” Shortly after graduation, the plaintiff began full-time work for the defendants as an apprentice in pursuit of his electrician’s license.
Notwithstanding his receipt of workers’ compensation benefits, the plaintiff filed a two count complaint against the defendants on June 27, 2006, which subsequently was amended on January 16, 2008.
The defendants, in their answer, denied responsibility for the plaintiffs injury and filed five special defenses, including that the plaintiffs claims were barred by the exclusivity provision of the act because the defendants “[were the] [plaintiff’s principal employer and/or paid workers’ compensation benefits to [the] [p]laintiff.” The plaintiff filed a reply, denying the allegations of the special defenses. A jury trial on the matter began in March, 2009. At the close of the plaintiffs case, the defendants filed a motion for a directed verdict on the grounds that the plaintiff had failed to prove that the safety violations caused the plaintiffs injury and that the plaintiff had failed to present sufficient evidence for a jury to conclude either that the defendants intentionally caused the plaintiffs injury or that the defendants knew that the plaintiffs injury was substantially certain to occur as a result of their conduct, as required by this court’s decision in Suarez v. Dickmont Plastics Corp., supra, 229 Conn. 106-109. The plaintiff objected to the motion, and, following written and oral arguments, the trial court granted the defendants’ motion for a directed verdict and rendered judgment for the defendants.
On appeal, the plaintiff first claims that the trial court improperly precluded certain expert testimony on the
We begin with the plaintiffs claims regarding the trial court’s evidentiary rulings. The plaintiff first claims that the trial court improperly precluded the testimony of his expert, Jack M. Guerrera, on the issue of causation. We disagree.
The following additional facts are relevant to our resolution of this issue. At trial, the plaintiffs counsel offered the testimony of Guerrera, who at all relevant times was employed by the state department of labor as the apprenticeship program manager, as an expert witness to establish that the defendants’ violation of certain labor regulations and standards caused the plaintiffs injury.
Notwithstanding the court’s ruling, the plaintiff’s counsel continued to press the court to permit Guer-rera’s testimony as to causation and gave a second offer of proof from Guerrera’s deposition testimony. According to the second proffer, Guerrera testified at his deposition that, although nothing different would have occurred in this case if the plaintiff had been properly supervised by a journeyman electrician, as
We begin our analysis with the standard of review. “We review the trial court’s decision to admit [or exclude] evidence, if premised on a correct view of the law . . . for an abuse of discretion. ... In determining whether there has been an abuse of discretion, the ultimate issue is whether the court . . . reasonably [could have] conclude[d] as it did.” (Citations omitted; internal quotation marks omitted.) State v. Davis, 298 Conn. 1, 10-11, 1 A.3d 76 (2010).
We conclude that the trial court did not abuse its discretion in precluding Guerrera’s expert opinion as to whether the defendants’ violation of safety regulations caused the plaintiffs injury. It is well established that “[e]xpert opinions must be based [on] reasonable probabilities rather than mere speculation or conjecture if they are to be admissible in establishing causation. . . . Whether an expert’s testimony is expressed in terms of a reasonable probability • • • does not depend [on] the semantics of the expert or his use of any particular term or phrase, but rather, is determined by looking at the entire substance of the expert’s testimony.” (Internal quotation marks omitted.) Marandino v. Prometheus Pharmacy, 294 Conn. 564,592,986 A.2d 1023 (2010); see also State v. Colon, 272 Conn. 106, 214, 864 A.2d 666 (2004) (upholding exclusion of expert opinion when “[expert’s] answer would have been nothing more than speculation in that there was no foundation laid for the basis of his answer”), cert. denied, 546 U.S. 848, 126 S. Ct. 102, 163 L. Ed. 2d 116 (2005); Schwartz v. Westport,
The plaintiff next claims that the trial court abused its discretion in excluding certain documents and testimony from evidence because exclusion of this evidence improperly hindered the plaintiffs ability to present his case in a manner of his choosing. The defendants respond that the trial court properly excluded the evidence because it was cumulative of other evidence. We agree with the defendants.
At trial, the plaintiffs counsel offered numerous documents pertaining to the safety rules and regulations applicable to the electrician apprentice program and sought to have Guerrera testily in a nonexpert capacity as to the substance and import of the documents. The plaintiff offered the documents and testimony to prove the existence and substance of the safety regulations, that the defendants had agreed to abide by the regulations and that the defendants had violated the regulations. The defendants offered to stipulate to each of these facts and objected to admission of the evidence as cumulative. The trial court excluded the evidence on the ground that the facts that the plaintiff sought to
We conclude that the trial court did not abuse its discretion in excluding the proffered evidence. Our rules of evidence vest trial courts with discretion to exclude relevant evidence when “its probative value is outweighed ... by considerations of undue delay, waste of time or needless presentation of cumulative evidence.” Conn. Code Evid. § 4-3; see also State v. Parris, 219 Conn. 283, 293, 592 A.2d 943 (1991) (trial court has discretion to exclude evidence as cumulative when it does not present new information). In the present case, the evidence in question, which the plaintiffs counsel offered to prove that the defendants were bound by and violated certain safety regulations, was cumulative of other testimony already presented by the plaintiffs counsel and also by virtue of the defendants’ willingness to stipulate to these facts. C. Tait & E. Prescott, Connecticut Evidence (4th Ed. 2008) § 4.9.2, p. 145 (“[w]hen a party is willing to concede or stipulate to a fact, i.e., to make a judicial admission, that fact is no longer in issue . . . [and] [further proof would be cumulative as well as cause undue delay and waste time” [internal quotation marks omitted]). But cf. State v. Doehrer, 200 Conn. 642, 649-51, 513 A.2d 58 (1986) (upholding long-standing case law permitting prosecution to present photographic evidence in murder trial notwithstanding defendant’s offer to stipulate because of state’s high burden in criminal cases). The plaintiff has not shown that the excluded evidence offered anything beyond what already had been admitted or what the defendants were willing to admit. Therefore, the trial court did not abuse its discretion in excluding the proffered evidence.
We begin with the standard of review of a trial court’s decision to grant a motion for a directed verdict. “Directed verdicts are not favored. ... A trial court should direct a verdict only when a jury could not reasonably and legally have reached any other conclusion. ... In reviewing the trial court’s decision to direct a verdict in favor of a defendant we must consider the evidence in the light most favorable to the plaintiff. . . . Although it is the jury’s right to draw logical deductions and make reasonable inferences from the facts proven ... it may not resort to mere conjecture and speculation. ... A directed verdict is justified if . . . the evidence is so weak that it would be proper for the court to set aside a verdict rendered for the other party. ” (Internal quotation marks omitted.) Riccio v. Harbour Village Condominium Assn., Inc., 281 Conn. 160, 163, 914 A.2d 529 (2007).
We conclude that the trial court properly directed a verdict in favor of the defendants. Employees who are injured during the course of employment have a right to compensation exclusively through the workers’ compensation system; General Statutes § 31-284 (a); and are generally barred from bringing common-law actions against employers for their injuries. Suarez v. Dickmont Plastics Corp., supra, 229 Conn. 106. We have recognized a narrow exception to this general rule “when a plaintiff can establish an intentional tort claim by
The plaintiff failed to present sufficient evidence at trial to satisfy the substantial certainty standard. According to the plaintiff, the evidence at trial established that the defendants (1) intentionally violated apprenticeship standards requiring a one-to-one ratio between an apprentice and a supervising journeyman, (2) failed to register the plaintiff as an apprentice as required by safety regulations, and (3) failed to train the plaintiff properly in the use of power tools.
The plaintiff in the present case did not present any evidence, other than that previously described, to establish that the defendants intended to injure the plaintiff or that the defendants knew or believed that the plaintiffs injury was substantially certain to occur as a result of their conduct.
The plaintiffs final claim on appeal is that the trial court abused its discretion in denying the plaintiffs request to file a third amended complaint on the ground that it alleged a new theory of liability after the commencement of trial. The defendants respond that the trial court properly exercised its discretion in denying the plaintiffs request. We agree with the defendants.
We review a trial court’s decision to deny a request to amend a complaint for an abuse of discretion. See, e.g., Rizzuto v. Davidson Ladders, Inc., 280 Conn. 225, 255, 905 A.2d 1165 (2006). The plaintiff asked the court for permission to file a third amended complaint on March 17, 2009, which was the first day of testimony in the trial. Because the plaintiff made the request after the start of the trial, we conclude that the trial court acted well within its discretion in denying the plaintiffs request. See Beckenstein Enterprises-Prestige Park, LLC v. Keller, 115 Conn. App. 680, 691, 974 A.2d 764 (“[this court has] never found an abuse of discretion in denying an amendment on the eve of trial, long after the conclusion of pretrial proceedings” [internal quotation marks omitted]), cert, denied, 293 Conn. 916, 979 A.2d 488 (2009).
The judgment is affirmed.
In this opinion the other justices concurred.
The plaintiff appealed to the Appellate Court from the judgment of the trial court, and we transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1.
To obtain a license as an electrician, an apprentice must attain 8000 hours of experience. The training and experience that the plaintiff received from his technical high school education equated to 2000 hours of experience.
The plaintiff filed a second amended complaint in March, 2009, approximately ten days before the commencement of trial, primarily for the purpose of correcting typographical errors. In the interest of simplicity, we hereinafter refer to the plaintiffs operative complaint as the amended complaint. Although the plaintiff sought to file a third amended complaint on the day that trial commenced, the trial court rejected the plaintiffs request to do so. The propriety of the court’s decision to reject that request is one of the issues presented by this appeal.
Although the trial court did not mention, in its decision to grant the defendants’ motion for a directed verdict and the judgment, the second count of the plaintiffs complaint, that is, the unfair trade practice claim, we treat this count as having been implicitly disposed of by the trial court-because it was predicated entirely on the allegations of the first count. See Normand Josef Enterprises, Inc. v. Connecticut National Bank, 230 Conn. 486,488 n.l, 646 A.2d 1289 (1994) (concluding that implicit disposal of claim constituted final judgment). The plaintiff does not claim on appeal that the trial court improperly disposed of the second count.
The violations that the plaintiff alleged include the defendants’ failure to register the plaintiff with the state department of labor as an apprentice and their failure to have the proper ratio of apprentices and supervising journeymen on the job site.
We note that this basis for the trial court’s ruling was improper because expert witnesses are permitted to testify in response to a hypothetical question based on the facts of the case even if the expert does not have firsthand knowledge of those facts. See Conn. Code Evid. § 7-4 (c); see also Viera v. Cohen, 283 Conn. 412, 444, 927 A.2d 843 (2007). As we discuss more fully in this opinion, the trial court also excluded Guerrera’s opinion on a second basis. Because we conclude that the trial court properly precluded
The plaintiff also claims that the trial court abused its discretion in excluding the proffered evidence because the evidence was relevant to the issue of causation. We disagree. Even if we assume, without deciding, that
Although the plaintiff alleged in his amended complaint that the defendants actually intended to harm him, on appeal, he makes no claim that the trial court improperly directed a verdict for the defendants as to that theory of liability.
In addition to these facts, the plaintiff asks this court to recognize, as a matter of law, that the substantial certainty standard is satisfied when an employer places an eighteen year old individual into a working environment without proper training and in violation of safety regulations. In support of this argument, the plaintiff cites numerous cases and articles relating to the diminished capacity and life experience of minors. The plaintiffs argument is unpersuasive and his authorities are irrelevant because the plaintiff was not a minor at the time of his injury; he was eighteen years of age and,
Prior to granting the defendants’ motion for a directed verdict, the trial court asked the plaintiffs counsel: “Do you have any other arguments that you can present or you are willing to present to show evidence in this case [other than the evidence discussed previously] of either actual intent . . . [or of the fact that] the defendants] . . . intentionally created a dangerous condition that made the plaintiffs injuries substantially certain to occur? Do you have any other evidence that you can point ... to other than what you’ve just indicated to show evidence ... of those particular acts?” The plaintiffs counsel responded, “As I stand here, Your Honor, I can’t. . . . [A]s I stand here I don’t have any other specific fact other than the admitted regulatory violations . . . .” The court then asked: “Can you show me any evidence in this trial offered by any of the witnesses that you called that would establish . . . that any alleged violations of either statutes or regulations were done . . . with actual intent ... to injure your client, or [that] intentionally created a dangerous condition that would make the injuries substantially certain to occur ... to bring us within an exception to the exclusivity of the workers’ compensation statute?” The plaintiffs counsel replied: “Without reviewing the transcript, Your Honor, I can’t think of any.” Thereafter, the trial court granted the defendants’ motion for a directed verdict.
Reference
- Full Case Name
- RANDALL MOTZER v. EDWARD HABERLI
- Cited By
- 13 cases
- Status
- Published