[DOWNLOAD] "Moonan v. Clark Wellpoint Corporation" by Supreme Court of Connecticut " eBook PDF Kindle ePub Free
eBook details
- Title: Moonan v. Clark Wellpoint Corporation
- Author : Supreme Court of Connecticut
- Release Date : January 10, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This action was brought on behalf of the
plaintiff Kathy Moonan, a minor, by her mother
and next friend, to recover damages for personal
injuries alleged to have been sustained because
of the negligence of the defendant. In a second
count, the child's mother seeks to recover damages
for expenditures for medical, surgical and
hospital care required as a result of the
injuries. The jury returned a verdict for the
defendant, and, following the court's refusal
to set aside the verdict, the plaintiffs have
appealed to us from the judgment rendered. The plaintiffs' assignments of error relate
solely to the trial court's instructions to the
jury. The correctness of the charge is determined
by the claims of proof of the parties. Practice
Book 635; Levett v. Etkind, 158 Conn. 567, 569,
265 A.2d 70. The plaintiffs made the following
claims of proof: On July 17, 1960, the date of
the occurrence complained of, the plaintiff Kathy
P. Moonan, aged fifteen months, resided with her
parents, Russell Moonan and the plaintiff Marilyn
Moonan, in Bolton. At that time, Moonan was
employed in Bolton by the defendant, the Clark
Wellpoint Corporation, which manufactured pumps
and associated equipment used in lowering water
tables. The defendant's premises consisted of a
single wood frame building, which had a main
entrance on the south and a sliding door on the
east, and adjacent land. The building contained
pumping equipment, machinery for the manufacture
and repair of such equipment, office furniture
and furnishings, and miscellaneous supplies.
Outside of the building on the south were pipe
and pipe-fitting racks, and on the north pipes
were placed on the ground. Prior to July 17, 1960,
the plaintiff Kathy Moonan and her sister,
Linda, aged five, had visited the defendant's
[159 Conn. 181]