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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.

MUNICIPAL LAW – Governmental immunity bars claim for playground injury

5/4/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

MUNICIPAL LAW – Governmental immunity bars claim for playground injury: The minor plaintiff was a kindergarten student who fell and broke her arm while climbing the steps to a slide on the school playground.  There was no evidence of any apparent defect in the slide or stairs.&n ...

MUNICIPAL LAW – Appellate Court holds that police report attached to notice of claim adequately identified defect in street

5/4/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

MUNICIPAL LAW – Appellate Court holds that police report attached to notice of claim adequately identified defect in street: The plaintiff was involved in a two-vehicle accident that allegedly resulted from a loose manhole cover.  The plaintiff’s statutorily-required notic ...

MEDICAL MALPRACTICE – Facility not vicariously liable for decision of private contractor physician

5/4/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

MEDICAL MALPRACTICE – Facility not vicariously liable for decision of private contractor physician: The Connecticut Superior Court holds that the Eastern Connecticut Health Network was not vicariously liable for allegedly negligent treatment by a physician who provid ...

INSURANCE LAW – District Court grants insurer’s declaratory judgment with regard to claims arising out of sexual harassment:

5/4/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

INSURANCE LAW – District Court grants insurer’s declaratory judgment with regard to claims arising out of sexual harassment: The court first addresses a false imprisonment claim.  The court agreed with the insurer that the false imprisonment claim was so r ...

INSURANCE LAW – “Advertising” injuries did not include claim for misappropriation of trade secrets:

5/4/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

INSURANCE LAW – “Advertising” injuries did not include claim for misappropriation of trade secrets: The policy defined personal and advertising injury to include infringement “upon another’s copyright, trade dress or slogan in the [insured&rsq ...

DEFAMATION & MALICIOUS PROSECUTION – Complaints to police held privileged:

5/4/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

DEFAMATION & MALICIOUS PROSECUTION – Complaints to police held privileged: The Connecticut Superior Court holds that complaints to the police were privileged and therefore could not provide a basis for a defamation or malicious prosecution claim.  In a court ...

Civil Procedure - Appellate Court affirms summary judgment prior to defendant filing Answer

5/4/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

CIVIL PROCEDURE – Appellate Court affirms summary judgment prior to defendant filing Answer: The Connecticut Appellate Court has ruled that under the Connecticut Practice Book, a motion for summary judgment can be filed at any time, including prior to the filing of an answer and/or sp ...

BODILY INJURY LAW – Superior Court grants additur where jury does not award noneconomic damages

5/2/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

BODILY INJURY LAW – Superior Court grants additur where jury does not award noneconomic damages: In an underinsured motorist claim, the jury concluded that the motor vehicle accident was solely the fault of the underinsured driver.  The jury awarded approximately $17,000.00 in ec ...

BODILY INJURY LAW – Summary judgment granted for plaintiff who slipped and fell on snow less than ten minutes after storm ceased:

5/2/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

BODILY INJURY LAW – Summary judgment granted for plaintiff who slipped and fell on snow less than ten minutes after storm ceased: The defendant landlord was held to not reasonably be expected to remediate snow and ice while the storm was ongoing or less than ten (10) minutes later.&nb ...

BODILY INJURY LAW – Superior Court grants additur where jury awards damages for neck injury, but not back injury arising out of motor vehicle accident

5/2/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

BODILY INJURY LAW – Superior Court grants additur where jury awards damages for neck injury, but not back injury arising out of motor vehicle accident The jury concluded that the plaintiff had been injured in a car accident, but only awarded medical special damages with regard to the ...

BODILY INJURY LAW – Appellate Court affirms judgment for defendant notwithstanding the verdict arising out of drowning

5/2/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

BODILY INJURY LAW – Appellate Court affirms judgment for defendant notwithstanding the verdict arising out of drowning: A jury concluded that the defendant camping report was 51% responsible for the plaintiff’s decedent’s drowning death.  The decedent had been known t ...

Firm News - Jackson O'Keefe is pleased to announce that Attorney Joseph A La Bella has joined the firm

5/2/2017 | Matthew J. O'Keefe
jmbusher@jacksonokeefe.com

East Haddam lawyer Wethersfield law firm Appellate Law Firm ...

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 ...


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