Toomey v. Danaher

This action was brought by the plaintiff
Louis Toomey to recover damages from the estate
[161 Conn. 206]
of his deceased wife as compensation for injuries,
expenses and losses sustained by him as a result
of a one-car accident in the early hours of the
morning of October 28, 1967. At the trial, this
action and an action by the defendant against the
plaintiff for the deceased wife's injuries and
death which arose out of the same accident, were
tried together. The jury returned a plaintiff's
verdict in this case. The defendant administrator
then moved to set aside the verdict and for a
judgment notwithstanding the verdict. The motion
was denied and judgment was rendered on the
verdict. From the judgment the defendant has
appealed, assigning as error: The denial of his
motions to set the verdict aside and for judgment
notwithstanding the verdict; certain portions of
the charge to the jury; the admission into
evidence of a medical examiner's report; and the
refusal of the trial judge to correct the finding.