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.

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.
prdunn@jacksonokeefe.com

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.
jmbusher@jacksonokeefe.com

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
pkokeefe@jacksonokeefe.com

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
mjokeefe@jacksonokeefe.com

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.
jmbusher@jacksonokeefe.com

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
pkokeefe@jacksonokeefe.com

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
pkokeefe@jacksonokeefe.com

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.
jmbusher@jacksonokeefe.com

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
mjokeefe@jacksonokeefe.com

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 ...

EMPLOYMENT OF DISCRIMINATION: Connecticut District Court holds that Title VII bars discrimination based on transgender identity:

6/1/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The Connecticut District Court, Underhill, D.J., has held that the federal employment discrimination statute prohibits employment discrimination “on the basis of transgender identity”.  Title VII prohibits discrimination on the basis of “sex”.  The court concludes that this term did ...

Accident Law: Jackson O’Keefe obtains defendant’s verdict for owner on defective premises claim:

6/1/2016 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

Jackson O’Keefe, LLP partner, Philip R. Dunn, Jr., obtained a defendant’s verdict on May 19, 2016, in the Hartford Superior Court.  Attorney Dunn represented a gentleman who purchased a single family home for his uncle so that his cousin  and her five children could reside in the house.  T ...

INSURANCE DEFENSE LAW: Jackson O’Keefe obtains defendant’s verdict for owner on defective premises claim

6/1/2016 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

Jackson O’Keefe, LLP partner, Philip R. Dunn, Jr., obtained a defendant’s verdict on May 19, 2016, in the Hartford Superior Court.  Attorney Dunn represented a gentleman who purchased a single family home for his uncle so that his cousin  and her five children could reside in the house.  T ...

INSURANCE LAW – District Court denies summary judgment as to Unfair Insurance Practices Act claim brought by plaintiff against tortfeasor’s insurer

5/18/2016 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The plaintiff brought a coverage and Connecticut Unfair Insurance Practices Act claim against her employer’s insurers.  The plaintiff previously obtained a $4 million judgment against her former employer as a result of an allegedly unlawful discharge.  The plaintiff then brought suit against her empl ...

INJURY LAW – Jackson O’Keefe obtains summary judgment on behalf of municipality with regard to fall at transfer station

5/18/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff alleged that she was injured while attempting to access a dumpster for cardboard at the Town of Salisbury transfer station.  She claimed that she was caused to fall due to a defective lip covered with ice and debris.  The plaintiff alleged that the area where she fell qualified as a “de ...

EMPLOYMENT LAW – Jackson O’Keefe obtains striking of count alleging negligent infliction of emotional distress in connection with discharge from employment

5/18/2016 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The plaintiff alleged that the former employer terminated the plaintiff’s employment because the plaintiff allegedly refused to tolerate sexual harassment on the job and gave the plaintiff a pretextual reason for his termination.  The Superior Court concludes that these allegations were insufficient to se ...

Injury Law -- Superior Court denies Motion to Set Aside $10.8 million verdict against personal trainer

5/18/2016 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

A physician claimed that his personal trainer allegedly pushed him to exercise too hard on a fitness center’s exercise machine.  The jury found that the plaintiff, a physician, was 25% responsible, reducing the $14.5 million verdict to $10.8 million.  The plaintiff allegedly suffered a massive stroke ...

Business Law – Jackson O’Keefe obtains the granting of a Motion to Strike on behalf of employees of an LLC

5/5/2016 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The plaintiff asserted claims against an LLC and two employees thereof.  The plaintiff alleged that it hired the LLC to maintain a swimming pool.  It was alleged that the swimming pool popped out of the ground due to a buildup of hydrostatic forces under the pool.  The court grants the Motion to Strik ...

ACCIDENT AND INJURY LAW – Superior Court holds that mode of operation rule does not apply, but denies summary judgment with regard to ordinary premises liability claim

5/5/2016 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The plaintiff brought suit against Home Depot, alleging that she was injured by a large piece of melamine that fell from the shelf onto the floor, striking her left foot.  In granting summary judgment as to a mode of operation portion of the Complaint, the court holds that the mode of operation rule does not ap ...

MUNICIPAL LAW – Superior Court holds that governmental immunity bars high school student claim regarding picnic

5/5/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff alleged an injury at a high school class picnic at a YMCA facility.  While playing a basketball game, the plaintiff was allegedly injured when he was accidentally poked in the eye.  The plaintiff alleged negligent supervision of the basketball game.  The defendants claimed that they were ...


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