Opinion
Argued October 5, 1972
Decided October 6, 1972
Action to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant, brought to the Superior Court in Fairfield County and tried to the jury before Bogdanski, J.; verdict and judgment for the plaintiffs, from which the defendant appealed to this court. Error; new trial.
The appellees filed a motion for reargument which was denied.
Ronald D. Williams, with whom was Robert J. Cooney, for the appellant (defendant).
Robert J. Nicola, for the appellees (plaintiffs).
In this case the jury returned a verdict in favor of the plaintiffs on a cause of action alleging injury arising from negligence on the part of the defendant. Among the many assignments only error are several claiming errors in the charge to the jury. It is unnecessary to enumerate them. The basic test of a jury charge is whether the charge, considered as a whole, fairly presents the case to the jury so that no injustice will result. Enlund v. Buske, 160 Conn. 327, 331, 278 A.2d 815; Amato v. Sawicki, 159 Conn. 490, 494, 271 A.2d 80. The court's charge to the jury in this case failed to meet this basic test.