Frankovitch v. Burton

In this negligence action, the jury returned a verdict in favor of the plaintiff, Michael Frankovitch, and against the defendant, Robert Burton, Jr. Thereafter, the trial court, in a written memorandum of decision, denied the defendant’s motion to set aside the verdict and for judgment notwithstanding the verdict. This appeal followed.

In claiming that the court erred in failing to grant his motions, the defendant maintains that the jury could not, as a matter of law, have found on the evidence that he was guilty of negligence which was a proximate cause of the plaintiff’s injuries. In making…