Connecticut Legal News

INJURY LAW - U.S. District Court jury awards $5.3 million in product liability claim involving forklift

2016-03-11 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The plaintiff's leg was crushed and subsequently amputated as a result of a workplace forklift accident.  The forklift reportedly malfunctioned and had a history of getting caught on objects, allegedly due to the lifting part of the machine being wider than the platform on which the driver stood.  The plai ...

INJURY LAW - Superior Court judge awards $76,000.00 for pit bull attack injuries

2016-03-11 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

A construction worker at a condominium complex was attacked by a pit bull.  The dog bit him and knocked him backward onto the ground, causing injuries to his right shoulder, neck and back.  An MRI revealed a torn rotator cuff of the right shoulder.  Although surgery was recommended, the plaintiff did ...

INJURY LAW - Superior Court holds that child in utero cannot assert loss of parental consortium claim

2016-03-11 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff claimed that on June 3, 2013, the child's father was involved in a motorcycle accident and ultimately died as a result thereof.  The minor plaintiff was subsequently born.  The plaintiff alleged a claim for loss of parental consortium, claiming that she never had an opportunity to meet her fa ...

INJURY LAW - Superior Court jury awards $416,000.00 in defective sidewalk claim

2016-03-11 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

 The plaintiff tripped and fell when her foot hit a two-inch raised portion of a public sidewalk.  She sustained a fracture to her left upper arm, requiring surgery, as well as cuts and bruises to her nose, lip, cheek, forehead, knees and upper leg.  The plaintiff claimed that the sidewalk had been in ...

ACCIDENT LAW - District Court grants Target's motion for summary judgment based upon inapplicability of mode of operation

2016-03-01 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The Second Circuit Court of Appeals affirms summary judgment for Target.  The plaintiff sued Target alleging negligence in creating or failing to remedy a dangerous condition.  He allegedly slipped and fell on an unknown substance, which was described as an orange liquid.  The fall occurred in the inf ...

ACCIDENT LAW - Superior Court holds that Board of Education fundraiser does not qualify as proprietary activity

2016-03-11 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

On the Hartford Board of Education's motion for summary judgment, the court concludes that a school-sponsored fundraiser to help support other school activities did not constitute a proprietary as opposed to governmental activity, even if the fundraiser made a "profit".  The plaintiff was injured while attendin ...

MUNICIPAL LAW - Superior Court awards $1.01 million for student eye injury

2016-03-11 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The plaintiff was a student at the nursing academy at Hartford High School and was walking to science class when the lights turned off and another student threw a bottle that struck the plaintiff in the face.  The plaintiff alleged negligent supervision against the Hartford Board of Education and the City of Ha ...

MUNICIPAL LAW - In court trial, Superior Court awards 11-year-old $40,814.00 as a result of accident in school auditorium

2016-03-11 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The 11-year-old student was accidentally cut on his face with a pair of safety scissors.  The evidence was that the child would have a permanent scar.  The court found that the child was an identifiable victim and was subjected to imminent harm, for which the City and Board of Education were legally respon ...

MUNICIPAL LAW - District Court grants municipality's motion for summary judgment as to selective enforcement equal protection claim brought by sports bar:

2016-03-11 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The plaintiff sports bar initially obtained approval from the fire marshal for an occupancy level of 1,200 persons.  Thereafter, there were numerous complaints to the police about incidents at the bar and the police began to place a van and K-9 unit near the front entrance.  The fire marshal subsequently r ...

INSURANCE LAW - Superior Court holds that restaurant not entitled to a defense with regard to assault on customer

2016-03-11 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The general liability insurer filed a declaratory judgment action seeking a declaration that there was no duty to defend the insured restaurant with regard to an alleged failure to train, unsafe premises, service of alcohol to intoxicated and underage individuals, and negligent hiring.  A customer at the restau ...

East Haddam -- Appellate Court rejects bid of person who committed 1996 kidnapping and sexual assault

2016-03-11 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

During the evening of September 16, 1996, the victim walked the short distance from her home in East Haddam to J.R.'s Cafe in Moodus.  The criminal defendant, Howard Wilcox, with whom the victim was not acquainted, already was at the bar when she arrived. The victim remained at J.R.'s for approximately one and ...

INSURANCE LAW - Connecticut Supreme Court rejects insurer's claim that exclusion contained in body of policy rather than in endorsement should be enforceable:

2016-03-10 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

INSURANCE LAW - Connecticut Supreme Court rejects insurer's claim that exclusion contained in body of policy rather than in endorsement should be enforceable: Connecticut General Statutes §38a-335(d) specifically requires that an exclusion of specific individuals from coverage be set forth in a separate endorse ...

CT ACCIDENT AND INJURY LAW -- Superior Court strikes claim for sexual abuse against church entity

2016-01-25 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The plaintiff was allegedly sexually abused by a Roman Catholic priest.  The plaintiff alleged that the Hartford Roman Catholic Diocese Corporation negligently hired, supervised and retained the priest. 

...

CT ACCIDENT AND INJURY LAW -- Superior Court holds that claim for intentional infliction of emotional distress was not stated based upon prevention of relative from visiting hospital patient

2016-01-25 | Joseph M. Busher

Superior Court holds that allegations that a private hospital barred a relative from visiting a patient with brain cancer were not sufficient to allege extreme and outrageous conduct as required to establish a claim for intentional infliction of emotional distress

...

CT ACCIDENT AND INJURY LAW -- Superior Court allows claim of recklessness based upon lead paint poisoning to stand

2016-01-25 | Philip R. Dunn
prdunn@jacksonokeefe.com

The Complaint contained allegations that the landlord knew that the apartment at issue contained high levels of lead and that the landlord consciously disregarded the risk of harm by leasing the apartment to a family with children. 

...

CT ACCIDENT AND INJURY LAW -- Connecticut Appellate Court reaffirms requirement of actual or constructive notice in premises liability area

2016-01-25 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The plaintiff slipped and fell on an icy sidewalk.  She sued the property owner, a hospital, alleging negligence.

...

CT ACCIDENT AND INJURY LAW -- Snow removal on roadway did not qualify as excavation for purposes of Call Before You Dig statute

2016-01-25 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

In a case handled by Attorney Kathryn M. Cunningham at Jackson O’Keefe, LLP, obtained summary judgment in favor of municipal defendants arising out of alleged damage to a CL&P power unit along the side of a road. 

...

CT ACCIDENT AND INJURY LAW -- Connecticut Appellate Court holds that firefighters entitled to immunity for blocking highway

2016-01-25 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

Affirming a jury verdict on the grounds of qualified immunity based upon the exercise of discretion, the Appellate Court holds that the jury properly determined that governmental immunity applied.  The case arose out of a September 3, 2006 accident that occurred on Interstate 95.

...

ACCIDENT AND INJURY LAW -- Connecticut Appellate Court affirms summary judgment for town on claim arising from allegedly defective playground

2016-01-25 | Philip R. Dunn
prdunn@jacksonokeefe.com

A minor was injured when a seesaw he was riding on allegedly crashed to the ground.  The plaintiff claimed that there was insufficient shock-absorbing material beneath the seesaw. 

...


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