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The following summaries are intended to provide quick summaries of some aspects of recent CT legal developments on accident and insurance issues.  Most of these matters were not handled by Jackson O'Keefe, LLP.  The summaries are provided as a news summary only.  The summaries are not comprehensive, and readers are referred to the primary sources for full details.  These summaries are not legal advice.  You should consult with an attorney with regard to your situation.

Attorney Busher Completes Ninth Year as Adjunct Instructor at UConn Law School

1/24/2017 | Joseph M. Busher Jr.
pkokeefe@jacksonokeefe.com

Attorney Joseph M. Busher has completed his ninth year of teaching as an Adjunct Instructor at the University Of Connecticut Law School, located in Hartford, Connecticut.  The class focuses on teaching law students researching, writing and oral advocacy techniques.  After reviewing written materials ...

PERSONAL INJURY– Superior Court holds that Good Samaritan statute does not apply to for-profit business

1/24/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The Superior Court holds that EMTs working for American Medical Response of Connecticut were not entitled to Good Samaritan immunity under General Statutes §52-557b.  The court holds that the Act does not apply to for-profit business entities that provide emergency medical services.  The court holds t ...

DEFECTIVE PRODUCT LAW – Connecticut Supreme Court rejects adoption of Restatement (Third) test for product liability

1/24/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

A majority of the Connecticut Supreme Court affirms its allegiance to Section 402A of the Restatement (Second) of Torts, which sets forth a modified consumer expectation test known as the “risk-utility” test for determining whether a product is “defective”.  The Supreme Court rejects the ...

MUNICIPAL LAW – Superior Court holds that municipality qualifies as “owner” under recreational use statute

1/24/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

Granting the defendant town’s motion for summary judgment, the court concludes that a municipality qualifies as an “owner” of land for the purposes of General Statutes §52-557g, the recreational use statute.  The plaintiff was allegedly walking her dogs in an open area on town property wh ...

PERSONAL INJURY DAMAGES – Plaintiff awarded $100,477.00 for broken jaw

1/24/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

In a court trial, the plaintiff was a high school student who had been struck without provocation or warning by a fellow student.  The plaintiff allegedly sustained a broken jaw and was unable to fully participate in high school graduation.  He also had lost wages in the amount of $500.00.  Medical ex ...

PERSONAL INJURY DAMAGES – Jury award of $120,000.00 for fall outside police station

1/24/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The plaintiff allegedly tripped and fell on a defective sidewalk when he left the Town of Monroe’s police department.  The jury awarded economic damages of $9,296.00 and noneconomic damages for pain and suffering in the amount of $110,704.00.  The sole issue on the plaintiff’s Motion to Set Asi ...

DAMAGES – Connecticut Supreme Court holds that collateral source reduction is not allowed where there is any right of subrogation by the health insurer

1/24/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Connecticut General Statutes §52-225a permits a collateral source reduction except “that there shall be no reduction for . . . a collateral source for which a right of subrogation exists.”  In the case before the court, the plaintiff had been injured in a motor vehicle accident.  The jury ...

MUNICIPAL LAW: Superior Court finds in favor of municipality in defective highway action

10/31/2016 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

In a court trial, the Superior Court finds that a municipality that hired a contractor to perform road maintenance did not have actual or constructive notice of a defect allegedly created by that contractor.  It was alleged that the contractor had spread black sand across the roadway and that this constituted a ...

MUNICIPAL LAW: Superior Court holds town entitled to immunity for allegedly defective basketball court

10/31/2016 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The court strikes a negligence count and a public nuisance count that arose out of an allegedly defective basketball court in the Town of Branford.  The court holds that as to the negligence count, the defendant town was entitled to governmental immunity since the duties involved were discretionary in nature.&n ...

MUNICIPAL LAW: Superior Court holds governmental immunity bars claim of high school student voluntarily participating in event:

10/31/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff was voluntarily participating in a scavenger hunt.  The plaintiff alleged that the Board of Education breached its ministerial duties by failing to prevent the students from participating in the activity.  Granting the Board’s motion to strike, the court holds that it acted in a discret ...

INSURANCE LAW: Supreme Court holds that voluntary intoxication does not preclude a finding of intent on the part of the policyholder:

10/31/2016 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

In a declaratory judgment action, a homeowner’s insurer sought a declaration that it did not owe coverage pursuant to an intentional acts exclusion.  The underlying claim arose out of an allegation that the homeowner was under the influence of alcohol when he approached three minor females on a trail in F ...

INSURANCE LAW: Superior Court holds that private cause of action does not exist for alleged insurer price fixing and market manipulation:

10/31/2016 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The plaintiff homeowners alleged that they sustained property damage as a result of a fallen tree.  They further alleged that the defendant insurer was insolvent as a result of claims resulting from storms Irene and Sandy, and that the insurance company used incompetent individuals to process their claim, faile ...

MEDICAL MALPRACTICE: Superior Court dismisses action for lack of §52-190a compliance:

10/31/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff’s medical malpractice action was dismissed where the required written opinion of a similar healthcare provider did not meet the requirements of §52-190a.  The plaintiff was pursuing a dental malpractice action.  Although the plaintiff provided a certificate of good faith as require ...

MEDICAL MALPRACTICE: A plaintiff is required to have an expert to support a claim arising out of a fall during physical therapy:

10/31/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The Appellate Court affirms the Superior Court’s dismissal of a negligence action against a physical therapist arising out of a fall during physical therapy.  The minor plaintiff allegedly suffered from myotonic dystrophy and wore a leg brace.  The physical therapist was to supervise attempts to walk ...

EMPLOYMENT DISCRIMINATION: Second Circuit Court of Appeals holds that SSD claim precluded plaintiff from ADA, Title VII and ADEA claims:

10/31/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The Second Circuit Court of Appeals holds that the plaintiff’s statement to the Social Security Administration that he was unable to work as of a particular date judicially estopped the plaintiff from asserting in District Court that he remained capable of working in the plaintiff’s attempt to maintain A ...

CT Civil Procedure: Superior Court rejects apex rule:

10/31/2016 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Addressing an issue of first impression, the Connecticut Superior Court rejects the claim that a party seeking a deposition must depose low-ranking individuals at an organization prior to noticing the deposition of higher-ranking individuals.  The court finds that the apex rule does not comply with Connecticut ...

CT Civil Procedure: Erasure Act did not preclude police from producing records in response to subpoena:

10/31/2016 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The Superior Court holds that the Erasure Act does not bar a defendant’s attempt to subpoena records from the police department regarding a criminal matter for which charges were ultimately nolled.  The defendant in a civil lawsuit subpoenaed certain records from the Stamford Police Department concerning ...

Accident law: Superior Court holds that award of $5,000.00 in noneconomic damages is not inappropriate

10/31/2016 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

A jury awarded economic damages totaling $15,964.00, but only $5,000.00 in noneconomic damages for pain and suffering.  The court holds that the award failed to shock the conscience.  The court states that while the award could be described as “parsimonious”, it did not fall outside of the limi ...

Personal Injury: In court trial, father struck by baseball at a sporting facility receives $32,000.00 for eye injury

10/31/2016 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The father of a child who was practicing hitting balls at the Connecticut Sportsplex in December of 2010 alleged that the facility was negligent.  A sign at the facility warned parents and observers to be “outside of cages and tunnels or behind proper protective screens during session”.  The fa ...


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