 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
STAUDINGER v. BARRETT6/28/1988
conduct in initiating and continuing a high speed pursuit had been subject to the guidelines enunciated in the Bethel police department policy. He conceded that when he encountered the El Camino in the shopping center, he had not witnessed any motor vehicle violations, had no suspicion that the driver was operating the vehicle under the influence of alcohol or drugs or was evading responsibility for serious injury, and did not suspect that any misdemeanor or dangerous felony had been committed. He asserted that he pursued the El Camino because, in his estimation, it was being driven recklessly as it exited the shopping center and the driver presented a clear and present danger to others on the highway.
Robert DiGrazia, the plaintiff's expert witness on the subject of police pursuits, concurred with Barrett that
the decedent's operation of the El Camino upon leaving the shopping center was reckless. He also testified, however, that, while it was proper for the police to follow the El Camino when it left the shopping center, there existed none of the authorized reasons for initiating a chase at high speed. DiGrazia further stated that once the chase started, Barrett should have continually evaluated the circumstances with reference to the age of the driver, the road conditions, the type of road, the lighting conditions and the speed of the vehicles. He posited that, in view of the lapse of time since Connor had transmitted the license plate number to the dispatcher, he should have retrieved the owner information from her, and that possession of such information would have provided an alternative means of tracing and apprehending the driver. DiGrazia asserted that the chase should have been abandoned when the vehicles stopped at the intersection, in light of the driver's continuing reaction to the approach of the police. He lent particular emphasis to the length of the chase, noting that the longer it continued, the greater the likelihood that an accident would occur.
We consider it reasonably possible that the jury could have found that Barrett had violated the chase policy. Our review of the record, however, discloses no evidence of charter provisions pertaining to Bethel's procedures for adopting regulations for the police department. Thus, we cannot determine whether the Bethel police department adopted the high speed chase policy within the contemplation of General Statutes 14-283a (b). Accordingly, we are unable to ascertain, on this record, whether a negligence per se instruction was required. In any event, if the defendants have sufficiently established the decedent's contributory negligence, then the defendants' negligence would be irrelevant and any error in the trial court's instruction on the status of the chase policy would be vitiated.
With respect to the defense of contributory negligence, the plaintiff does not claim error in the court's instructions, but argues that there was insufficient evidence to present the jury with a question of fact as to the impairment of the decedent's ability to operate a motor vehicle because of his consumption of alcohol, and the court, therefore, erred in denying the plaintiff's motion for a directed verdict on this issue. Our review of a trial court's refusal to direct a verdict requires that we consider the evidence, including the reasonable inferences that may be drawn from it, in the light most favorable to the party who prevailed at trial, giving particular weight to the coincidence of the judgments of the judge and jury, who saw the witnesses and heard the testimony. Bound Brook Assn. v. Norwalk, 198 Conn. 660, 667, 504 A.2d 1047, cert. denied, 479 U.S. 819, 107 S.Ct. 81, 93 L.Ed.2d 36 (1986).
Page 1 2 3 4 5 Connecticut DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|