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MOTOR VEHICLE LAW: Court grants motion to strike finding that Graves Amendment barred claim of negligence against owner of vehicle in the trade of leasing vehicles where no allegation of negligence or criminal wrongdoing

The Superior Court granted a motion to strike a complaint, finding that the Graves Amendment barred the action for negligence against owner of vehicle that was in the business of leasing or renting vehicles.  The Graves Amendment, as deemed constitutional…

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INSURANCE COVERAGE: Superior Court holds that damages for post-traumatic stress disorder are not recoverable unless linked to a physical injury

Three Connecticut state troopers sued the state for injuries sustained when they were involved in related vehicle collisions involving underinsured motorists.  The plaintiffs claimed, among other injuries, post-traumatic stress disorder from the emotional stress they experienced in having gone through…

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MOTOR VEHICLE TORTS: Superior Court holds defendant insurer may not apportion third party in UIM claim where that party was not originally named as a tortfeasor

The plaintiffs brought an underinsured motorist claim against the plaintiff’s insurer after they were injured in an accident allegedly caused by the tortfeasor Harris.  The defendant insurer filed apportionment claims against a third party and his employer, alleging that the…

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PREMISES LIABILITY: Superior Court holds premises operator may not apportion liability for negligence where third party accused of committing sexual assault

The plaintiff brought suit against the defendant condominium management company, her assailant and others after she was sexually assaulted in her apartment.  The claims directed to the corporate defendants sounded in negligence and the claim against her assailant alleged intentional…

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PERSONAL INJURY: Trial court denies defendant’s motion to strike plaintiffs’ claim for negligent infliction of emotional distress

The plaintiffs brought action for negligent infliction of emotional distress against a daycare provider after their two-year-old child suffered physical and psychological abuse at the hands of the defendant’s employee.  The plaintiffs claimed emotional distress as to themselves, not the…

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