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JERRY SMART, SR., ADMINISTRATOR (ESTATE OF ALFRED SMART) v. JACK CORBITT ET AL. (AC 30771)
DiPentima, C. J., and Gruendel and Foti, Js. Argued November 8, 2010--officially released March 1, 2011

(Appeal from Superior Court, judicial district of New Haven at Meriden, B. Fischer, J.) Christi M. Carrano, for the appellant (plaintiff). Michael P. Del Sole, for the appellee (defendant Carminer Lavache). Audrey C. Kramer, assistant corporation counsel, for the appellee (defendant Joseph Cappucci et al.).

Opinion

DiPENTIMA, C. J. The plaintiff, the administrator of the estate of Alfred Smart, appeals from the judgment of the trial court, rendered on a directed verdict in favor of the defendant police officer, Carminer Lavache, and on a jury verdict in favor of the defendants, fire marshal Joseph Cappucci and the city of New Haven (city). The plaintiff raises a myriad of issues, only some of which this court finds reviewable. On appeal, the plaintiff claims that the court improperly (1) granted the defendants' motions to preclude the plaintiff's experts, (2) directed the jury to return a verdict in favor of Lavache, (3) permitted counsel for Lavache to misstate the law of proximate cause during voir dire examination, (4) determined that testimony and evidence the plaintiff sought to adduce was irrelevant, (5) denied his request to provide an interrogatory to the jury concerning negligence and (6) denied his motion to set aside the verdict. We affirm the judgment of the trial court. This case arises out of an unfortunate and fatal house fire. On March 5, 2004, the decedent, Alfred Smart, died of smoke inhalation during a fire at 586 Orchard Street, New Haven (premises). On March 28, 2005, the decedent's brother, Jerry Smart, Sr., acting as the administrator of the estate, commenced a wrongful death action by filing a seventeen count complaint alleging negligence or reckless conduct on the part of eight defendants.1 The appeal presently before this court concerns only three defendants: Cappucci, Lavache and the city.2 The following procedural history is relevant to our analysis of the plaintiff's claims. In pertinent part, the plaintiff's second amended complaint alleged liability on the part of: (1) Cappucci, for failing to conduct a yearly inspection of the premises' fire detection devices as required by General Statutes (Rev. to 2003)

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