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WASFI v. CHADDHA

3/26/1991

nbury Hospital, 183 Conn. 448, 455-56 n. 2, 439 A.2d 408 (1981); D'Arcy v. Shugrue, 5 Conn. App. 12, 24-25, 496 A.2d 967, cert. denied, 197 Conn. 817, 500 A.2d 1336 (1985); 2 Restatement (Second), Torts 441-453. This deficiency, however, was never mentioned in any of the exceptions taken to the third charge as required. Furthermore, since this aspect of the charge concerned only whether Chaddha's negligence had been superseded by that of Riccio, whom the jury verdict has necessarily exonerated, the omission relied on by Wasfi would constitute a harmless error. Unless Riccio were a wrongdoer who had proximately caused harm to Wasfi, his actions could not have been an intervening cause in any event. Corey v. Phillips, 126 Conn. 246, 255, 10 A.2d 370 (1939); D'Arcy v. Shugrue, supra; see W. Prosser & W. Keeton, The Law of Torts (5th Ed. 1984) 44.


The judgment is affirmed.


In this opinion the other justices concurred.






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