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

2/14/2019 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

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 sexual assault and wanton/re ...

PREMISES LIABILITY: Superior Court holds City liable to plaintiff who suffered knee injury after fall on sidewalk

2/14/2019 | Joseph M. Busher Jr.
JMBusher@jacksonokeefe.com

The plaintiff brought suit against the Hartford Commissioner of Transportion after she tripped and fell on a city sidewalk that she claimed was negliglently maintained by the city.  A pizza business in Hartford had removed a sign that arose from the sidewalk, but left the base of the sign without any barrier or ...

PERSONAL INJURY: Superior Court holds sovereign immunity does not apply where owners of pub located at casino are not tribal entity:

2/14/2019 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff brought suit against the defendant pub, which is located at Mohegan Sun Casino, after he was hit as a pedestrian by an intoxicated driver who the plaintiff claimed was overserved at the defendant pub prior to the accident.  The defendant moved to dismiss for lack of subject matter jurisdiction, al ...

PERSONAL INJURY: Superior Court holds defendant entitled only to limited discovery of plaintiff’s social media postings:

2/14/2019 | Philip R. Dunn Jr.
prdunn@jacksonokeefe.com

The plaintiff alleged that she was sexually abused by a faculty member while she was a student at the defendant school from 1987 to 1988 and brought action against the school for failing to prevent the teacher’s conduct, failing to ensure a safe environment and fostering a culture in which others blamed the pl ...

PERSONAL INJURY: Superior Court holds City of New Haven may not bring suit against drug manufacturers for social costs of drug addiction:

2/14/2019 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The City of New Haven brought action against the defendant pharmaceutical companies to recoup money for the social costs of paying for addicts’ social and medical needs and indirect expenses caused by drug addicts, including extra emergency-responder expenses and other consequences from drug-related crimes.&nb ...

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:

2/14/2019 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

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 third party’s negligence ...

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:

2/14/2019 | Joseph M. Busher Jr.
JMBusher@jacksonokeefe.com

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 on the shoulder of a highway.  The evidence showed that the plaintiff admitted to the r ...

INSURANCE LITIGATION: Superior Court holds that insured stated sufficient allegations of bad faith, CUIPA and CUTPA violations against her insurer:

2/14/2019 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff filed a claim with her homeowner’s insurer after she sustained property damage from a furnace leak.  She was dissatisfied with the insurer’s resolution of her claim and filed suit for, among other claims, breach of the implied covenant of good faith and fair dealing, CUIPA violation an ...

INSURANCE LITIGATION: Superior Court holds insurer’s denial of uninsured motorist benefits supported insured’s claim for breach of contract but did not support CUTPA and bad faith

2/14/2019 | Philip R. Dunn Jr.
prdunn@jacksonokeefe.com

The plaintiff suffered serious injury when he was thrown from his motorcycle due to an oil slick in the road left by an unidentified vehicle.  He filed a claim for uninsured motorist coverage under his insurance policy and the insurer denied the claim, asserting that such benefits were available only in hit-and ...

INSURANCE LITIGATION: Appellate Court holds umbrella policy not invalidated where insured fails to maintain requisite level of underlying coverage:

2/14/2019 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The plaintiff was a passenger in a van that crashed into a building, causing him severe injury.  The van was covered by a primary commercial business policy with a limit of $300,000 issued to the driver’s employer.  The plaintiff and his wife brought suit against the driver and the employer and recov ...

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

2/14/2019 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

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 life-thre ...

MUNICIPAL LAW: U.S. Supreme Court holds that anti-discrimination statute applies to state and municipal employers, regardless of size

11/12/2018 | Philip R. Dunn Jr.
prdunn@jacksonokeefe.com

A unanimous Court ruled in favor of Arizona firefighters who sued for age discrimination under federal law. The two oldest men in the fire department were let go after a budget shortfall and replaced with younger, less expensive, people.  The ruling ran counter to most circuits that sought to shield small publi ...

WRONGFUL DEATH: Superior Court holds homeowner owed no duty to plaintiff’s decedent

11/12/2018 | Joseph M. Busher Jr.
JMBusher@jacksonokeefe.com

The plaintiff’s decedent died of an overdose after he was invited to the defendant homeowner’s home by the co-defendant roommate to consume drugs on the premises.  The homeowner was at work at the time of the decedent’s death.  The plaintiff brought a wrongful death action against the hom ...

PREMISES LIABILITY: Trial court holds defendant not liable for plaintiff’s fall on sidewalk and ordinance did not create liability-shifting obligation

11/12/2018 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The plaintiff brought suit against the defendant for injuries sustained when she slipped and fell on the sidewalk in front of the defendant’s property.  The plaintiff alleged that the sidewalk was uneven and had holes and argued that the city had created a liability-shifting obligation through an ordinanc ...

PREMISES LIABILITY: Appellate Court affirms trial court’s finding that defendant store owner lacked constructive notice of puddle in store aisle

11/12/2018 | Philip R. Dunn Jr.
prdunn@jacksonokeefe.com

Plaintiff sued the defendant store owner for negligence after she allegedly slipped and fell on a puddle of water while shopping. The trial court granted summary judgment for the defendant on the basis that it had no actual or constructive notice of the puddle.  In support of its motion, the defendant filed an ...

PERSONAL INJURY: Trial Court holds defendant owed no duty of care to plaintiff injured by ambulance stretcher

11/12/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

  Plaintiff worked as a mental health assistant at a hospital and was accompanying a patient by ambulance staffed by two EMT’s.  Upon arrival at the hospital, one EMT attempted to remove the patient from the ambulance using a stretcher.  The stretcher tipped forward and the plain ...

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

11/12/2018 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

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 child.  The d ...

MOTOR VEHICLE TORTS: Trial court finds plaintiff failed to prove causation for all claimed injuries

11/12/2018 | Joseph M. Busher Jr.
JMBusher@jacksonokeefe.com

The plaintiff was injured when her parked recreational vehicle was struck by a tractor-trailer operated by the defendant.  The day after the accident, the plaintiff treated for neck pain. Her medical records showed that she had been treated for foot and back pain several weeks prior the accident.  Some wee ...

MOTOR VEHICLE TORTS: Supreme Court affirms trial court’s holding that Conn. Gen. Stat. § 52-556 does not confer the right to a jury trial

11/12/2018 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

Plaintiff brought suit against the Department of Transportation pursuant to Conn. Gen. Stat. § 52-556, seeking damages after a bus collided with his vehicle.  Under § 52-556, sovereign immunity is waived for claims arising from a state employee’s negligent operation of a state-owned vehicle.&nbs ...


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