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: Connecticut Appellate Court holds that mode of operation rule does not apply to slip and fall in pet store

8/12/2016 | Philip R. Dunn, Jr.

The plaintiff alleged that while in the defendant pet store, she slipped and fell on a puddle of dog urine and sustained injuries.  The defendant allowed leashed animals in the store.  The store manager testified that he expected occasional pet messes as a result and that there were sanitation stations thr ...

INSURANCE COVERAGE: Superior Court holds that exclusion for malicious acts not ambiguous

8/12/2016 | Joseph M. Busher Jr.

The insurer issued a commercial general liability policy.  The insured and its CEO were sued by the CEO’s prior employer for alleged unfair competition, tortious interference, breach of contract, and business disparagement.  The coverage issue before the court centered on the business disparagement c ...

DAMAGES: Superior Court holds that personal injury victim not entitled to damages for pain and suffering

8/12/2016 | Peter K. O'Keefe

The plaintiff was involved in a motor vehicle accident on May 7, 2013 and sought compensation.  The evidence indicated that the plaintiff had also been involved in a 2007 motor vehicle accident and a subsequent 2015 accident.  The defendant claimed that the damages to the motor vehicle in the 2013 accident ...

MUNICIPAL LAW: Superior Court grants in part and denies in part motion to strike claims against municipal defendants arising out of bullying

7/28/2016 | Kathryn M. Cunningham

 The plaintiff alleged that during eighth grade, she was repeatedly subjected to verbal bullying, physical bullying, and harassment through electronic means. She alleged that school officials were aware of the bullying but did nothing to prevent it.  On the defendant’s motion to stri ...

MEDICAL MALPRACTICE: Superior Court dismisses claim against nursing home where claimant failed to obtain necessary written opinion of healthcare provider to substantiate negligence claim

7/28/2016 | Kathryn M. Cunningham

The negligence claim arose out of an allegation that a resident of the nursing home facility fell and that the defendants did not adhere to a pre-admission fall assessment. The Superior Court holds that these allegations sound in medical malpractice since they relate to medical diagnosis or treatment and/or involved ...

INSURANCE LAW: Superior Court grants declaratory judgment pursuant to geographic limitation of general liability policy

7/28/2016 | Joseph M. Busher Jr.

The policy at issue stated that it would apply to bodily injury and property damage only if these were caused by an occurrence “that takes place on or within the perimeter of the premises, sites or locations scheduled above that are owned by, occupied by, or leased to any insured.” The claim at issue aro ...

INSURANCE LAW: Connecticut Appellate Court affirms that anti-subrogation rule did not apply to bar a claim against tenant who caused property damage

7/28/2016 | Peter K. O'Keefe

The lease in the case provided in relevant part that the tenants agreed to use all electric, cooling and other systems in the dwelling in a prudent manner, and that the tenant would hold the lessor harmless “from any loss or claim arising out of or in connection with your use and occupancy”. It was alleg ...

ACCIDENT LAW: Appellate Courts hold that wrong-named defendant statute could not be used to circumvent prior judgment on merits

7/28/2016 | Matthew J. O'Keefe

The plaintiff had been involved in a motor vehicle accident during which his vehicle was struck from behind. The plaintiff commenced suit against the owner of the vehicle, alleging that the owner was the operator of the vehicle.  The defendant moved for summary judgment on the grounds that he was not operating ...

LITIGATION LAW: CT Appellate Court affirms dismissal of pro se lawsuit where recognizance bond not filed as required

7/28/2016 | Joseph M. Busher Jr.

In the pro se plaintiff’s lawsuit against his former attorneys, the defendants requested that the plaintiff file a signed recognizance bond. The court ordered the plaintiff to furnish a recognizance bond on or before December 8, 2014.  Not having done so, the court dismissed the complaint on December 9.&n ...

ACCIDENT LAW: Jackson O’Keefe obtains defendant’s verdict for homeowner who hired handyman

2016-07-21 | Philip R. Dunn, Jr.

On July 21, 2016, Jackson O’Keefe, LLP partner, Philip R. Dunn, Jr., obtained a defendant’s verdict at the Hartford Superior Court.  Attorney Dunn’s client was a homeowner who hired a handyman to do some fall cleanup tasks while he was at a walkathon.  He instructed the plaintiff t ...

INJURY LAW: Superior Court holds that a railroad platform does not qualify as a sidewalk under defective highway statute

6/23/2016 | Philip R. Dunn, Jr.

The plaintiff allegedly fell through a gap in a railroad platform when disembarking from a train in New Haven.  Suit was brought against the railroad and the State Transportation Commissioner.  The Commissioner moved to dismiss on the grounds of sovereign immunity.  In opposition, the plaintiff argued ...

INSURANCE LAW: District Court grants summary judgment for insurer based upon assault and battery exclusion

6/23/2016 | Joseph M. Busher Jr.

The case arises from an assault that occurred on December 2, 2006, when the owner of a paving company instructed an employee to remain at the business office overnight to prepare for a job early the next morning.  The owner and another individual then came to the premises to obtain business information from the ...

INSURANCE LAW: Superior Court holds that State has sovereign immunity with regard to insurer’s subrogation claim

6/23/2016 | Peter K. O'Keefe

Connecticut General Statutes §52-556 states in relevant part that any “person injured in person or property through the negligence of any state official or employee” when operating a motor vehicle “shall have a right of action against the State”.  The Superior Court construes the wo ...

MEDICAL MALPRACTICE: Supreme Court holds hospital vicariously liable for physician:

6/23/2016 | Matthew J. O'Keefe

The Supreme Court holds that under an apparent agency theory, a hospital may be legally responsible for the negligence of a physician regardless of whether the doctor was an actual employee of the hospital.  The plaintiff claimed that she had a gastric bypass surgery performed at the hospital by a physician who ...

INJURY LAW: Superior Court holds that an exception to governmental immunity does not apply for loose bolt on playscape:

6/1/2016 | Joseph M. Busher Jr.

The minor plaintiff was a kindergartener attending public elementary school in East Haven.  He was injured when he was climbing a ladder on a playscape that included a tower, slides, a ramp and a ladder.  The plaintiff allegedly fell and was injured due to a loose bolt on the highest rung of the ladder.&nb ...

WRONGFUL DEATH LAW: Appellate Court reverses summary judgment for constables, finding issue of fact as to exception to governmental immunity:

6/1/2016 | Peter K. O'Keefe

The estate of a drowning victim brought a negligence action against two constables from the Town of Westbrook.  The Tax Collector informed two constables that there was a woman who needed medical attention in a field just up the road.  She said that the woman was wearing a shirt and pants, without a coat o ...

MUNICIPAL LAW: Appellate Court affirms summary judgment based upon governmental immunity for police dispatcher:

6/1/2016 | Peter K. O'Keefe

The plaintiff’s aunt called the police department, not 911, to report that eight teenage boys were bullying her daughter.  She requested that police come to her residence.  The dispatcher told the aunt that an officer would come by shortly.  The dispatcher entered the complaint into the computer ...

INSURANCE LAW: Superior Court holds that insurance policy not cancelled due to 24-cent underpayment:

6/1/2016 | Joseph M. Busher Jr.

In a declaratory judgment action, the defendant auto insurer claimed that there was no duty to defend or indemnify based upon a cancellation that occurred for lack of full payment.  On May 5, 2012, the insurer informed the insureds that they owed $62.24 on or before June 11 as a result of a substitution of vehi ...

INJURY LAW: Superior Court dismisses defective highway claim based upon inadequate notice:

6/1/2016 | Matthew J. O'Keefe

The Superior Court dismisses a pedestrian’s claim against the State based upon an inadequate written notice of the incident.  The plaintiff alleged that he was injured in a pedestrian crosswalk at the intersection of East Main Street near Interstate 95 in Bridgeport.  The mandatory written notice req ...

Latest News

More Articles


More Articles