What is the burden of proving for a plaintiff tolling under section 52-595 of the Connecticut Motor Vehicle Act?

MultiRegion, United States of America

The following excerpt is from Martinelli v. Bridgeport Roman Catholic, 196 F.3d 409 (2nd Cir. 1998):

Id. at 225 (citations omitted); see also Lippitt v. Ashley, 89 Conn. 451, 480, 94 A. 995, 1005 (1915) (actions of the defendant must be "directed to the very point of obtaining the delay, of which he afterwards seeks to take advantage by pleading the statute"). The Bartone court further held that a plaintiff seeking tolling under 52-595 must demonstrate these elements by "clear, precise, and unequivocal evidence." 656 A.2d at 224.

B. Jury Instructions on the Burden of Proof.

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