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Tort Law Appellate Court Opinion

by Greenlee, Rebecca

 

AC 46228 - Sanchez v. Hartford ("The defendants, the city of Hartford (city) and James Davis, a police officer employed by the city, appeal from the judgment of the trial court rendered after a jury trial finding Davis negligent in violation of General Statutes § 14-283, the city liable for indemnification pursuant to General Statutes § 7-465, and finding the plaintiff, Jose Sanchez, contributorily negligent. On appeal, the defendants claim that the court committed plain error by (1) (a) instructing the jury on common law principles of negligence regarding the operation of a motor vehicle, including the duty to drive with due care, and (b) failing to instruct the jury that Davis, as an operator of an emergency vehicle, was permitted to disregard driving statutes, ordinances and regulations, and (2) failing to instruct the jury that, pursuant to § 14-283 (e), other operators of motor vehicles have a mandatory duty to drive to a position parallel to the curb of the roadway and remain there until the emergency vehicle has passed, ‘‘[u]pon the immediate approach of an emergency vehicle making use of . . . an audible warning signal device and such visible flashing or revolving lights . . . .’’ General Statutes § 14- 283 (e). We conclude that the record does not support the defendants’ claims that the challenged portions of the jury instructions constituted plain error. Accordingly, we affirm the judgment of the trial court.")