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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.

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 ...

INSURANCE COVERAGE: Superior Court upholds underinsured motorist coverage reduction by payments on tortfeasor’s policy

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

The plaintiff and a passenger were injured in a motor vehicle accident and the tortfeasor’s insurance paid the plaintiff and passenger for their injuries and also paid for property damage and loss of use.  The total of those payments exceeded the defendant’s policy limit.  The plaintiff’s ...

INSURANCE COVERAGE: Superior Court grants summary judgment for insurer, holding that pedestrian failed to report alleged hit-and-run accident to police

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

The plaintiff, a traffic officer, was injured while directing traffic when he fell while attempting to stop a driver.  After stopping the driver, he permitted the driver to leave and did not take any identifying information and did not file a police report.  The plaintiff later sought benefits under a poli ...

INSURANCE COVERAGE: Superior Court denies motion to dismiss insurer’s action seeking declaration that policy was void

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

An insurer sought declaratory judgment that its policy covering the defendants was void, alleging that the defendants provided false and incomplete testimony to bolster the defendant’s brother’s claim against the policy.  The case arose out of a claim that the insured’s brother made against th ...

INSURANCE COVERAGE: District Court grants insurer’s motion for summary judgment where cracking in concrete foundation constituted “collapse” within policy definition but was not sudden or accidental loss

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

The plaintiffs brought suit against their homeowner’s insurer alleging breach of contract and violations of CUIPA and CUTPA when a claim for repair related to their cracking concrete foundation was denied.  The Court granted the insurer’s motion for summary judgment.  It found that while the da ...

INSURANCE COVERAGE: District Court grants insurer’s motion for summary judgment, holding that plaintiff’s claims fell within controlled substances exclusion

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

The plaintiff brought a wrongful death suit against a homeowner in 2015, alleging that the plaintiff’s fourteen-year-old daughter attended a party at the defendant’s house where heroin was available and used by the plaintiff’s decedent.  The homeowner’s insurer refused to defend or indem ...

INSURANCE COVERAGE: District Court grants insurer’s motion for summary judgment, holding that plaintiff’s claims fell within controlled substances exclusion

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

The plaintiff brought a wrongful death suit against a homeowner in 2015, alleging that the plaintiff’s fourteen-year-old daughter attended a party at the defendant’s house where heroin was available and used by the plaintiff’s decedent.  The homeowner’s insurer refused to defend or indem ...

INSURANCE COVERAGE: District Court grants insurer’s motion for summary judgment, finding insurer not required to indemnify tortfeasor

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

The plaintiff brought suit against the tortfeasor for assault and negligence, claiming that the tortfeasor inappropriately touched her during a pre-arranged massage therapy appointment.  That suit resulted in an award for the plaintiff in the amount of $195,000 through a judgment by stipulation before a jury tr ...

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 ...


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