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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: Trial court holds contractor had contractual duty to defend property owner from premises liability action arising from snow removal

8/15/2018 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The plaintiff brought suit against the owner of property and a snow removal contractor after she fell as a result of snow and ice on the property.  The property owner cross-claimed against the contractor, alleging that pursuant to the snow removal contract, the contractor had a duty to defend the property owner ...

PERSONAL INJURY: Trial court holds “wrongful conduct rule” applies where plaintiff was injured while committing crime

8/15/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

Plaintiff claimed damages against the entities responsible for a New Haven abandoned power plant when he was severely injured after being electrocuted while attempting to enter a hole in the property’s fence.  The defendants asserted that based on the recently-adopted “wrongful conduct rule” i ...

PERSONAL INJURY: Trial court holds landlord did not owe plaintiff duty of care to protect her from attack by tenant’s dog

8/15/2018 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The plaintiff sued a landlord after she was attacked by landlord’s tenant’s dog, alleging that the landlord knew or should have known of the dog’s dangerous propensities and failed to use reasonable care to keep the property in a reasonably safe condition.  The plaintiff further alleged that t ...

PERSONAL INJURY: Trial court holds car owner rebutted presumption that operator was his agent

8/15/2018 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The plaintiff brought suit against the owner of a vehicle under Conn. Gen. Stat. § 52-183 for an accident in which the owner’s vehicle collided with the plaintiff’s vehicle and the operator of the owner’s vehicle then fled the scene. During trial, the vehicle owner testified that he had been i ...

PERSONAL INJURY: Superior court denies plaintiff’s motion to strike apportionment complaint where, although apportionment defendant’s actions were intentional, apportionment plaintiff had adequately alleged negligent conduct

8/15/2018 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff brought a negligence suit against a behavioral health treatment facility for children alleging that an adult woman had sexually assaulted, abused, and neglected the plaintiff while he was admitted to the facility.  The facility filed an apportionment complaint against the abuser alleging that if t ...

PERSONAL INJURY: Appellate Court affirms holding that plaintiff had no right to jury trial on claims against state

8/15/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

A University of Connecticut student filed a claim against the state with the Office of the Claims Commissioner after he slipped and fell on ice in a university parking lot. After the claim was denied, the student obtained authorization from the General Assembly and filed suit against the state, alleging negligence a ...

MUNICIPAL LAW: Trial court holds plaintiff failed to use reasonable care and could not recover for injuries caused by open manhole

8/15/2018 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

Plaintiff brought suit against the City of Hartford, alleging that he was injured after stepping into an open manhole.  The plaintiff was making a purchase in a store when a Hartford snowplow lifted the manhole cover, propelling it down the street.  The plaintiff exited the store, crossed the street, and s ...

MUNICIPAL LAW: Appellate Court reverses trial court judgment, holding that expert testimony is needed to determine number of supervisors required for elementary school playground

8/15/2018 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

...

MOTOR VEHICLE TORTS: Trial court finds state employee not immune from liability where claims against him in his individual capacity did not allege that he was acting within scope of his employment

8/15/2018 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

Plaintiffs were injured when a vehicle driven by a state employee collided with their vehicle.  They filed a four-count complaint against the employee and the state.  Two counts were asserted against the state, alleging that the employee was acting within the scope of his employment when the alleged accide ...

MOTOR VEHICLE TORTS: Superior Court strikes plaintiff’s allegation that defendant drove recklessly where plaintiff failed to plead specific facts to support conclusory claim

8/15/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The plaintiff brought suit against the defendant based on injuries he sustained in a motor vehicle collision.  In the first count of his complaint, plaintiff alleged his injuries were caused by the defendant’s negligence, and in the second count, plaintiff alleged essentially the same conduct and set fort ...

INSURANCE COVERAGE: Superior Court holds no coverage for deterioration or risk of collapse

8/15/2018 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

An engineer found that decaying concrete in the basement walls of plaintiffs’ home posed a risk of catastrophic failure and recommended plaintiffs vacate the house until the walls were replaced, plaintiffs brought a claim against their homeowners’ policy.  Plaintiffs never replaced the walls and con ...

INSURANCE COVERAGE: Superior Court dismisses plaintiffs’ claim that their home insurer failed to provide coverage for a dog bite claim asserted against them and finds insurance policy void where plaintiffs made deliberate, material misrepresentation in insurance application that plaintiffs did not own dog

8/15/2018 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

Animal Bite Lawyer Personal Injury Law Firm Dog Bite Attorney ...

INSURANCE COVERAGE: Appellate Court holds underinsured motorist benefits not triggered by accident where injured motorist not “occupying” an insured vehicle

8/15/2018 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

An employee of a roofing company was exiting a company truck and walked past its rear bumper when he was struck by another vehicle.  The employee sought underinsured motorist benefits from the defendant insurer under the roofing company’s commercial auto policy.  The trial court granted the insurer&r ...

INSURANCE COVERAGE: Appellate Court affirms trial court’s finding that towing company lacked standing to bring direct action against insurer

8/15/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

A towing company recovered and towed a vehicle at the request of the local police after it had been involved in an accident and subsequently submitted invoices to the vehicle owner’s insurer.  Neither the insurer nor the owner paid the invoices and the company brought claims against both for breach of imp ...

INSURANCE COVERAGE: Appellate Court affirms trial court’s finding that insurer had no duty to defend insureds in third party action brought by assault victim

8/15/2018 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

An elderly woman who was the victim of a home invasion and assault committed by a fifteen-year old boy sued the assailant and his mother for her injuries, alleging that the mother negligently failed to supervise the boy when she knew or should have known that the boy was a danger to himself and others. The mother pr ...

UM/UIM insurance exclusion held invalid

8/8/2018 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

UM/UIM insurance exclusion held invalid :  In an August 7, 2018 ruling, the Connecticut Supreme Court holds that an exclusion barring underinsured motorist coverage for a self-insured vehicle is no longer valid as applied to rental companies.  The Court holds that the exclusion is in ...

PREMISES LIABILITY – Superior Court holds lessee fails to prove that building owner had contractual duty to defend store from premises liability action

3/22/2018 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The defendant grocery store rented space from the building owner per lease terms that obligated the owner to defend and indemnify the defendant from premises liability actions arising from the use of common areas, including the exterior front store entrance.  The plaintiff allegedly suffered injuries from a fal ...

PERSONAL INJURY –Appellate Court holds plaintiff failed to show existence of unmarked crosswalk at location where he was struck by defendant’s vehicle

3/22/2018 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The plaintiff, during the course of employment as a delivery driver, was struck and seriously injured while crossing the street at night, during a heavy rainstorm.  The defendant was a state employee driving a state-owned vehicle and did not see the plaintiff.  The plaintiff sued the state, alleging that t ...

PERSONAL INJURY – Superior Court holds car owner who loaned vehicle to driver while driver’s own car was being repaired not vicariously liable for driver’s negligence

3/22/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The defendant driver was operating a vehicle loaned to him by the defendant auto body shop that was painting his vehicle when he was involved in a motor vehicle accident.  The plaintiff sued the driver for negligence and the auto body shop on a theory of vicarious liability.  The shop moved for summary jud ...


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