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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.

PREMISES LIABILITY – Superior Court holds that an issue of fact exists as to whether snow removal contractor had and breached obligation to remove snow

9/19/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The snow removal contractor’s agreement required snow removal when there was a snowfall of at least two inches.  Prior to the day of the slip and fall, there was snow on the ground and snow fell on the accident date in an amount that might have been a bit more or less than two inches.  The snow had n ...

PERSONAL INJURY – Connecticut Supreme Court affirms $41.75 million verdict arising out of significant injuries to student:

9/19/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The minor plaintiff was a student in a private boarding school in Connecticut.  On a certified question from the Second Circuit Court of Appeals, the Connecticut Supreme Court holds that Connecticut public policy supports the imposition of a duty on such schools to exercise reasonable care to protect students i ...

MUNICIPAL LAW – Supreme Court affirms governmental immunity application to injury arising out of use of municipal pool:

9/19/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The town rented its pool to an entity which hosted aqua therapy at the pool.  The town was paid $50.00 per hour for use of the pool.  The plaintiff slipped and fell on wet pool stairs, resulting in injury.  The Supreme Court rejects the plaintiff’s claim that the rental of the pool transforms th ...

MUNICIPAL LAW – Superior Court holds that §13a-149 is exclusive remedy for highway defect claim:

9/19/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The claim arose out of a bicycle accident that occurred when the plaintiff’s front tire became trapped in a catch basin grate.  The court rejects the claimant’s claim that General Statutes §52-557n(b)(8) allows a claim for reckless failure to inspect.  The court reasons that the statutory ...

MUNICIPAL LAW – Appellate Court holds that there is no ministerial duty to provide protective equipment during a sporting event:

9/19/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The case involved an elementary school gym teacher who was alleged to have a ministerial duty to provide shin guards for soccer practice.  The Appellate Court affirms summary judgment for the defendant, holding that a physical education guide in effect did not render any duty to provide shin guards ministerial, ...

MUNICIPAL LAW – Appellate Court holds that maintenance of storm drains is a discretionary function:

| Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

In a case involving flood damage to a home, the Superior Court granted summary judgment in favor of the municipality.  The allegation had been that municipal employees were negligent in failing to provide adequate street drainage.  It was claimed that there was a ministerial duty to maintain storm drains.& ...

MUNICIPAL LAW – Appellate Court holds board immune from liability for injuries sustained by student at school picnic:

9/19/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff was injured during a pickup basketball game at a Plainville High School senior class picnic.  Affirming summary judgment for the Board of Education members, the Appellate Court holds that there were no genuine issues of material fact regarding whether discretionary act immunity applied or whether ...

INSURANCE LAW – Plaintiff failed to establish UIM claim based upon alleged unidentified vehicle leaking fluid on roadway:

9/19/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The plaintiff alleged that she encountered oil on the roadway which had leaked from another vehicle, causing her to lose control of her vehicle.  In opposition to the insurer’s motion for summary judgment, the court finds that the plaintiff failed to come forward with any evidence to establish that there ...

INSURANCE COVERAGE – Superior Court holds that insured’s failure to attend IME barred further entitlement to medpay benefits:

9/19/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The defendant was involved in a motor vehicle accident on December 6, 2010.  During 2012 and 2013, requests were made for the defendant to submit to a medical examination by a physician selected by the insurer.  The defendant failed to submit to such an examination.  In the insurer’s declaratory ...

INSURANCE COVERAGE – District Court rejects attempt to transform occurrence-based policy into unrestricted claims made policy pursuant to language of endorsement:

9/19/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

This declaratory judgment action involved alleged sexual abuse of a minor by a camp counselor during 1987.  The policy at issue was an occurrence-based CGL policy with an effective date of March 1, 2014.  In an endorsement, the insurer stated that it would “pay those sums the insured becomes legally ...

INSURANCE COVERAGE – District Court addresses temporary substitute and permission issues:

9/19/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Wethersfield Law Firm Southington Attorney Insurance Coverage ...

CONTRACTOR’S DUTY TO DEFEND – Superior Court holds that business subject to same standards for defense and indemnification applicable to insurance companies:

9/19/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

This action involved a defense and indemnity provision contained within a subcontract related to the construction of a Middletown power project.  The agreement provided in relevant part that the subcontractor would “to the fullest extent permitted by law … defend, indemnify and hold harmless” ...

Jackson O’Keefe Partner Philip R. Dunn obtains favorable jury verdict:

9/19/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

On August 4, 2017, Jackson O’Keefe partner, Philip R. Dunn, Jr., obtained a favorable verdict in the matter of Myers v. Ferrara, et al in the Hartford Superior Court.  Judge Cesar Noble presided over this four-week jury trial.  The case stemmed from a horse kicking incident that occurred at a ho ...

Jackson O'Keefe Partner Philip R. Dunn obtains favorable jury verdict

8/10/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

On August 4, 2017, Jackson O’Keefe partner, Philip R. Dunn, Jr., obtained a favorable verdict in the matter of Myers V. Ferrara, et al in the Hartford Superior Court.  Judge Cesar Noble presided over this four week jury trial.  The case stemmed from a horse kicking incident that occurred at a ho ...

MUNICIPAL LAW: Superior Court holds that claims arising from allegedly negligent inspections barred by three-year statute of limitations:

7/10/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Wethersfield law firm ...

MOTOR VEHICLE LAW: Superior Court grants summary judgment as to claims with regard to use of cell phone and recklessness:

7/10/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

Southington law firm distracted driving car accident ...

MOTOR VEHICLE LAW: Superior Court allows apportionment complaint against plaintiff’s insurer for uninsured motorist claim:

7/10/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

MOTOR VEHICLE LAW: Superior Court allows apportionment complaint against plaintiff’s insurer for uninsured motorist claim: The plaintiff filed an action against a defendant alleging that the defendant struck the rear of the plaintiff’s vehicle.  The defendant thereafter fil ...

MEDICAL MALPRACTICE: Superior Court holds that opinion letter from physician insufficient to support malpractice claim against nurses

7/10/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

MEDICAL MALPRACTICE: Superior Court holds that opinion letter from physician insufficient to support malpractice claim against nurses: The plaintiff alleged that nurses failed to properly monitor her objective signs and symptoms and that the plaintiff was prematurely discharged, resulting i ...

MEDICAL MALPRACTICE: Superior Court holds that claims against nursing home sounded in ordinary negligence rather than malpractice:

7/10/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

Medical Malpractice law firm attorneys ...


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