Patrick Wood v. LLC (2010)

MEMORANDUM OF DECISION RE MOTION FOR DIRECTED VERDICT (# 164.00)

At the conclusion of the plaintiff's case, the defendant moved pursuant to Practice Book § 16-37 and made a motion for a directed verdict.   At that point, the court did not rule on that motion.  Section 16-37 provides “that if for any reason the motion is not granted, it is deemed submitted to the action of the jury subject to a later determination of the legal questions raised by the motion.”   This motion raises those legal questions.   The court finds there was sufficient evidence of aggressive behavior on the part of the assailant prior to the assault.   There was sufficient evidence based on among other things, the plaintiff's expert who testified that there was a deviation from the standard of care.   The dancing as described met a “threatening” appearance.

Accordingly, the plaintiff has presented evidence when viewed in a most favorable light that the defendant was negligent and that the alleged assault was reasonably foreseeable.

SO ORDERED.

EDWARD R. KARAZIN, JR.

JUDGE TRIAL REFEREE

Karazin, Edward R., J.T.R.