 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
SHELTRA v. ROCHEFORT12/5/1995
Victoria Rochefort appeals from the judgment as a matter of law entered against her in the Superior Court (York County, Bradford, J.) setting aside a jury verdict in her favor in an action brought against her by Rosemarie Sheltra and Carl Sheltra. The Sheltras cross-appeal, arguing the trial court erred in giving a cautionary instruction instead of declaring a mistrial after Rochefort in violation of 29 M.R.S.A. ยง 1368-A (1978) referred to Mrs. Sheltra's failure to wear a seat belt. The Sheltras also argue that the trial court erred in refusing to allow them to
In this negligence action, the Sheltras sought compensation for Rosemarie Sheltra's
I.
We consider first Rochefort's contention that the trial court erred in setting aside the jury verdict in her favor. The Sheltras argue that based upon the evidence before it, the jury rationally could not have found Rochefort free of negligence. The Sheltras argue that Rochefort is negligent as a matter of law pursuant to the doctrine of res ipsa loquitur. In the alternative, they argue the jury verdict is unsupported by the evidence and Rochefort is negligent as a matter of law because the accident was "unexplained." To establish negligence as a matter of law pursuant to the doctrine of res ipsa loquitur, an unexplained accident must have occurred, the instrument that caused the injury must have been under the management or control of the defendant, and in the ordinary course of events the accident would not have happened absent negligence on the part of the defendant. Wellington Assoc., Inc. v. Capital Fire Protection Co., 594 A.2d 1089, 1092 (Me. 1991). Although the accident in which Mrs. Sheltra is alleged to have been injured may be unexplained, the instrumentality causing her injury was not under the sole control of Rochefort. The injury to Rosemarie Sheltra occurred as a result of the impact of two cars bumping together. Rochefort was not in control of both cars, and more importantly, the collision may have occurred without negligence on the part of either of the parties. The doctrine of res ipsa loquitur does not apply.
Because res ipsa loquitur does not apply, the burden is on the Sheltras to establish the negligence of Rochefort. When reviewing the entry of a judgment as a matter of law, we consider the evidence presented, including every justifiable inference that may be drawn from it, in the light most favorable to the party against whom the judgment was entered. C.N. Brown Co. v. Gillen, 569 A.2d 1206, 1213 (Me. 1990). The trial court stated:
The striking of the rear of the plaintiff's automobile by the
defendant is unexplained. There was no evidence of any action
by the plaintiff which contributed in any way to the collision.
The failure of the defendant to avoid colliding with the
plaintiff's automobile was negligence as a matter of law.
This analysis inappropriately shifted the burden of proof to Rochefort. The burden of proof in a negligence action is on the plaintiff. The plaintiff must establish that the defendant had a duty to conform to a standard of care and that the breach of that duty proximately caused an injury to the plaintiff. See Rowe v. Bennett, 514 A.2d 802, 804 (Me. 1986). Based on the evidence before it, the jury was free to conclude that the Sheltras had not sustained their burden to prove Rochefort responsible for the injuries Mrs. Sheltra sustained in the accident. The judgment as a matter of law entered by the court in favor of the Sheltras must be vacated and the jury verdict reinstated.
II.
The question now becomes whether the reinstated verdict must be set aside based on the Sheltras' assertions of error. Victoria Rochefort's ref
Page 1 2 Maine Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|