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Premises Liability: Court denies defendants’ motion for summary judgment on the grounds that the plaintiff’s inconsistent deposition testimony creates an issue of fact for the jury to decide

The Plaintiff's Allegations Against the Defendants The defendants have filed a motion for summary judgment in an action brought by the plaintiff after she allegedly tripped and fell on the subject premises. The plaintiff claims that the defendants, who owned,…

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Insurance Coverage: Insurer’s motion to strike uninsured motorist claim is denied after court finds sufficient allegations in the complaint for a trier of fact to decide whether there is a causal connection between the alleged negligence of an unknown motor vehicle operator and the fatal injuries sustained by the plaintiff’s decedent after he was struck by another vehicle while attempting to cross the street to render aid to those involved in the accident caused by the unknown operator

Background of the Plaintiff’s Uninsured Motorist Claim The plaintiff, administratrix of the decedent’s estate, filed a complaint against the defendant, Liberty Mutual Insurance Company, asserting a claim for uninsured motorist benefits. The defendant moves to strike the entire complaint on…

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Premises Liability: Court finds that landlord had no duty to prevent a neighbor from breaking into tenant’s room as such area was not under the landlord’s control

Plaintiff brought this action against her landlord claiming damages and emotional distress after items were repeatedly stolen from the plaintiff’s room. In her complaint and reply to the defendant’s special defense, the plaintiff alleged that one of her neighbors broke…

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Motor Vehicle Law: Connecticut Supreme Court held that a defendant must receive the summons and complaint in order for a plaintiff to commence an action under Saving Statute

On appeal in this case, the plaintiff claims that the Appellate Court incorrectly concluded that the action was not “commenced” for purposes of Connecticut General Statutes § 52-592(a) on the ground that the defendant did not receive a copy of…

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Janis K Malec

Motor Vehicle Law: Federal Court grants plaintiff’s motion to remand wrongful death lawsuit back to Connecticut State Court after finding no fraudulent joinder of defendants

The plaintiffs, family members and representatives of the decedent, brought this action against the defendant, who was operating her vehicle as an Uber driver when she struck and killed the decedent. In Connecticut Superior Court, the plaintiffs named the Uber…

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Motor Vehicle Law: Court declines to award double or treble damages in motor vehicle tort action due to plaintiff’s failure to present sufficient evidence supporting a claim for recklessness

The plaintiff brought this action to recover damages for injuries he sustained in a motor vehicle accident wherein he was a passenger in the vehicle owned and operated by the defendant. The plaintiff’s complaint alleged negligence in the first count,…

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