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: Superior Court finds in favor of municipality in defective highway action

10/31/2016 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

In a court trial, the Superior Court finds that a municipality that hired a contractor to perform road maintenance did not have actual or constructive notice of a defect allegedly created by that contractor.  It was alleged that the contractor had spread black sand across the roadway and that this constituted a ...

MUNICIPAL LAW: Superior Court holds town entitled to immunity for allegedly defective basketball court

10/31/2016 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The court strikes a negligence count and a public nuisance count that arose out of an allegedly defective basketball court in the Town of Branford.  The court holds that as to the negligence count, the defendant town was entitled to governmental immunity since the duties involved were discretionary in nature.&n ...

MUNICIPAL LAW: Superior Court holds governmental immunity bars claim of high school student voluntarily participating in event:

10/31/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff was voluntarily participating in a scavenger hunt.  The plaintiff alleged that the Board of Education breached its ministerial duties by failing to prevent the students from participating in the activity.  Granting the Board’s motion to strike, the court holds that it acted in a discret ...

INSURANCE LAW: Supreme Court holds that voluntary intoxication does not preclude a finding of intent on the part of the policyholder:

10/31/2016 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

In a declaratory judgment action, a homeowner’s insurer sought a declaration that it did not owe coverage pursuant to an intentional acts exclusion.  The underlying claim arose out of an allegation that the homeowner was under the influence of alcohol when he approached three minor females on a trail in F ...

INSURANCE LAW: Superior Court holds that private cause of action does not exist for alleged insurer price fixing and market manipulation:

10/31/2016 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The plaintiff homeowners alleged that they sustained property damage as a result of a fallen tree.  They further alleged that the defendant insurer was insolvent as a result of claims resulting from storms Irene and Sandy, and that the insurance company used incompetent individuals to process their claim, faile ...

MEDICAL MALPRACTICE: Superior Court dismisses action for lack of §52-190a compliance:

10/31/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff’s medical malpractice action was dismissed where the required written opinion of a similar healthcare provider did not meet the requirements of §52-190a.  The plaintiff was pursuing a dental malpractice action.  Although the plaintiff provided a certificate of good faith as require ...

MEDICAL MALPRACTICE: A plaintiff is required to have an expert to support a claim arising out of a fall during physical therapy:

10/31/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The Appellate Court affirms the Superior Court’s dismissal of a negligence action against a physical therapist arising out of a fall during physical therapy.  The minor plaintiff allegedly suffered from myotonic dystrophy and wore a leg brace.  The physical therapist was to supervise attempts to walk ...

EMPLOYMENT DISCRIMINATION: Second Circuit Court of Appeals holds that SSD claim precluded plaintiff from ADA, Title VII and ADEA claims:

10/31/2016 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The Second Circuit Court of Appeals holds that the plaintiff’s statement to the Social Security Administration that he was unable to work as of a particular date judicially estopped the plaintiff from asserting in District Court that he remained capable of working in the plaintiff’s attempt to maintain A ...

CT Civil Procedure: Superior Court rejects apex rule:

10/31/2016 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Addressing an issue of first impression, the Connecticut Superior Court rejects the claim that a party seeking a deposition must depose low-ranking individuals at an organization prior to noticing the deposition of higher-ranking individuals.  The court finds that the apex rule does not comply with Connecticut ...

CT Civil Procedure: Erasure Act did not preclude police from producing records in response to subpoena:

10/31/2016 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The Superior Court holds that the Erasure Act does not bar a defendant’s attempt to subpoena records from the police department regarding a criminal matter for which charges were ultimately nolled.  The defendant in a civil lawsuit subpoenaed certain records from the Stamford Police Department concerning ...

Accident law: Superior Court holds that award of $5,000.00 in noneconomic damages is not inappropriate

10/31/2016 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

A jury awarded economic damages totaling $15,964.00, but only $5,000.00 in noneconomic damages for pain and suffering.  The court holds that the award failed to shock the conscience.  The court states that while the award could be described as “parsimonious”, it did not fall outside of the limi ...

Personal Injury: In court trial, father struck by baseball at a sporting facility receives $32,000.00 for eye injury

10/31/2016 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The father of a child who was practicing hitting balls at the Connecticut Sportsplex in December of 2010 alleged that the facility was negligent.  A sign at the facility warned parents and observers to be “outside of cages and tunnels or behind proper protective screens during session”.  The fa ...

Attorney Busher selected to the 2016 Connecticut Super Lawyers list by Thomson Reuters

10/31/2016 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The Wethersfield and Southington law firm of Jackson O’Keefe, LLP, congratulates Attorney Joseph M. Busher on his recognition.  The list of selected lawyers will appear i ...

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.
prdunn@jacksonokeefe.com

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.
jmbusher@jacksonokeefe.com

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
pkokeefe@jacksonokeefe.com

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
kmcunningham@jacksonokeefe.com

 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
kmcunningham@jacksonokeefe.com

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.
jmbusher@jacksonokeefe.com

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 ...


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