Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

In negligence action, girlfriend was not helpless due to intoxication and did not plead special relationship. Court, therefore, properly declined to charge jury on duty. Plaintiff girlfriend appealed a judgment by the Superior Court in the Judicial District of Tolland (Connecticut) in favor of defendant boyfriend in her negligence action, claiming that the trial court improperly failed to instruct the jury on duty.

During a party, the boyfriend went outside to clear snow from his driveway with a backhoe. The girlfriend became jealous when she came out of the house and saw the boyfriend in the cab of the backhoe with another woman. After she stepped into the backhoe's bucket, the boyfriend slowly raised it and lowered the bucket several times. The girlfriend either jumped or fell from the bucket and sustained injuries. At trial she requested specific jury instructions on helplessness and special relationship. The court refused her requested instructions. The jury found her 45 percent negligent. The appellate court held that she was not helpless due to her intake of alcohol. She voluntarily stepped into the bucket. She failed to allege that the boyfriend was in a special relationship requiring a heightened duty of care. The judgment was affirmed.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Marek v. Going, 66 Conn. App. 557 (Conn. Oct. 30, 2001)