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Connecticut Legal News

The plaintiff’s decedent slipped and fell on ice, and then died after approximately several hours before she was discovered face down on a sidewalk at her apartment complex. 

The jury’s award was found excessive and shocked the court’s conscience. …
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BODILY INJURY LAW – Superior Court allows mode of operation claim at tire store

Joseph M. Busher

May 11, 2015 | Joseph M. Busher
jmbusher@jacksonokeefe.com

In Fisher v. Big Y Foods, Inc., 298 Conn. 414, 423 (2010), the CT Supreme Court held “that the mode of operation rule, as adopted in Connecticut, does not apply generally to all accidents caused by transitory hazards in self-service…
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BODILY INJURY LAW – CT Supreme Court recognizes bystander emotional distress in medical malpractice context

Peter K. O'Keefe

May 11, 2015 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Outside the medical malpractice context a tort plaintiff seeking to recover for bystander emotional distress must prove: (1) the bystander is closely related to the primary victim of the accident or injury, (2) the bystander’s emotional distress is caused by…
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CIVIL PROCEDURE – Abode service insufficient where process not left in door

Matthew J. O'Keefe

May 11, 2015 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The Superior Court grants a motion to dismiss where the complaint is left under a chair on the front porch.  “The commonly accepted manner of making abode service is to push the papers under or through the side of the…
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EMPLOYMENT LAW – Hostile environment claim for gender reinstated, not religion or race

Philip R. Dunn

May 11, 2015 | Philip R. Dunn
prdunn@jacksonokeefe.com

Because the defendant understood the nature of the plaintiff’s sexual harassment claim, the failure to expressly plead the pertinent Connecticut General Statute was not fatal to the claim and a genuine issue of material fact existed as to whether…
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INSURANCE LAW – Superior Court enforces one-year contractual time limitation regarding property damage claim

Philip R. Dunn

May 11, 2015 | Philip R. Dunn
prdunn@jacksonokeefe.com

In a first party claim, the court enforces a one-year contractual time limit in an all-risk homeowners policy.  The court rejected the plaintiff’s claim that an 18 month limit provided in the statutes for fire policies should apply.  Summary judgement…
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