Connecticut Legal News

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.

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.

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

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.

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.

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

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

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

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 ...

ACCIDENT AND INJURY LAW – Attorney’s testimony as to client with Alzheimer’s held inadmissible

5/5/2016 | Philip R. Dunn, Jr.

The Connecticut Superior Court grants a motion to preclude testimony from the plaintiff’s prior attorney with regard to conversations as to how the plaintiff allegedly slipped and fell on a sidewalk.  The plaintiff had testified at a deposition that she could not recall the slip and fall due to her Alzhei ...

DEFENSE and INDEMNITY CONTRACTS – Superior Court holds that snow removal contractor had duty to defend, but that issue of fact exists with regard to duty to indemnify

5/5/2016 | Joseph M. Busher Jr.

In a case arising out of the slip and fall on snow and ice, the plaintiff sued the lessor of the property and a snow plow contractor retained by the lessor.  The lessor then asserted a crossclaim against the snow plow contractor seeking defense and indemnification with regard to the plaintiff’s claims.&nb ...

CONSTRUCTION LAW – Design contractor could not create a public nuisance

5/5/2016 | Peter K. O'Keefe

The Connecticut Appellate Court holds that since a nuisance is a condition on property, rather than the act that creates that condition, a design professional who designed an allegedly dangerous condition could not be held liable on a nuisance theory.  The Appellate Court affirmed a lower court’s ruling t ...

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

2016-03-11 | Matthew J. O'Keefe

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.

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

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

 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.

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

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

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

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

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 ...

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