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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.

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…

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MUNICIPAL LAW: Supreme Court holds that decision of officer to engage in pursuit of a fleeing vehicle is not ministerial and falls within the governmental immunity doctrine

The Connecticut Supreme Court upheld the ruling of the lower court in granting defendants Motion for Summary Judgment on the basis that governmental immunity applied to officer’s decision of whether to initiate a high speed police pursuit.  This cause of…

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MOTOR VEHICLE LAW: Superior Court denies motion to strike common-law and statutory recklessness counts were plaintiff alleges conscious choice of conduct

The defendant moved to strike the common-law recklessness and statutory recklessness counts of the plaintiff’s complaint.  The Hartford Superior Court denied the motion to strike, holding that the plaintiff sufficiently alleged common-law and statutory recklessness.  As to the common-law recklessness…

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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 LAW: Waterbury judgment of over $23 million allocated in part to uninsured motorist carrier, then to be reduced to zero per policy limit, reduction for liability payment under same policy

The plaintiff brought action against the defendant school bus driver for negligence and Utica Mutual Insurance Company for uninsured motorist coverage for a hit and run driver. The defendant school bus collided with the unidentified vehicle, causing the school bus…

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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…

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