"[It] is the quintessential function of the fact finder to reject or accept certain evidence," pursuant to In Re: Antonio M., a 2000 decision of the Connecticut Appellate Court. In January 2008, the defendant driver, Lorin Fieldhouse, allegedly collided with a motor vehicle in which the plaintiff, Adele Scavone was a passenger. Scavone sued Fieldhouse, Fieldhouse's employer and the owner of the motor vehicle. Fieldhouse was defaulted. The jury returned a plaintiff's verdict and found that Fieldhouse's employer and the owner of the motor vehicle were responsible for the plaintiff's damages, pursuant to the presumption of agency doctrine. The plaintiff presented evidence from Cliff Coddington, of defendant Coddington Automotive LLC, and Kevin O'Sullivan to support her claims of agency. After the jury returned a plaintiff's verdict, Fieldhouse's employer and the owner of the motor vehicle renewed their motions for a directed verdict. "Based on the numerous contradictions in their testimony," wrote the court, "the finder of fact was justified in finding that the defendants had failed to overcome the presumption of agency." The jury reasonably could have found that the defendants did not rebut the statutory presumption. The court denied the defendants' renewed motion for a directed verdict.

VIEW FULL CASE