fbpx Skip to content

PREMISES LIABILITY: Superior Court grants Motion to Strike in premises liability case, holding that duty of possessor does not protect people of “frail stature, advanced years, diminished health, and those with other limitations”

The court granted defendant’s Motion to Strike the Second Count as failing to state a legally cognizable cause of action sounding in negligence.  The plaintiff attempted to bring a two-count complaint sounding in premises liability and negligence.  The plaintiff claimed…

Read more

PREMISES LIABILITY: Appellate Court finds trial court mischaracterized claims of ordinary negligence as a premises liability case as to snow contractor; possession and control not required as to contractor

In the original action, the plaintiff sued the defendant Jones Landscaping after the plaintiff slipped and fell on ice and sustained various injuries. Jones Landscaping moved for summary judgment. The Superior Court granted the motion for summary judgment, finding that…

Read more

INSURANCE COVERAGE: Trial court denies motion to strike, allowing the defendant to file an apportionment claim against the plaintiff’s insurance company for uninsured motorist

The plaintiffs brought a negligence action against the defendant and an apportionment plaintiff, Lanina Fulton, for alleged injuries sustained while they were driving on Interstate 84. Fulton allegedly swerved her vehicle into the plaintiff’s vehicle, causing damages and injuries. In…

Read more

INSURANCE COVERAGE: Superior Court holds no duty to defend where mental distress and no physical injury alleged, and conduct alleged could only be described as deliberate, orchestrated, and intentional

A Waterbury Superior Court Judge held that USAA Insurance Company had no duty to defend the insured where the claims brought against the insured sounded in invasion of privacy, defamation, intentional infliction of emotional distress, negligent infliction of emotional distress,…

Read more

MOTOR VEHICLE TORTS: Superior Court grants summary judgment to defendant where evidence was overwhelming that plaintiff was driving while intoxicated and fell asleep at wheel

The plaintiff brought suit against defendant for injuries he sustained when he was driving late at night, hit a patch of black ice, lost control of his vehicle and collided with a truck owned by the defendant that was parked…

Read more