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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 triable issues of fact exist as to town’s liability for failing to remove snow from sidewalk outside school gym:

1/10/2018 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The plaintiff was walking on a snowy sidewalk outside a high school on her way to attend a basketball game at the school’s gymnasium when she fell.  She sued the town and others for her injuries.  The court denied defendant’s motion for summary judgment except as to the plaintiff’s claim ...

PREMISES LIABILITY – Superior Court holds that property owners/managers had no duty to prevent accumulation of snow/ice from outside stairs of condominium development during ongoing storm:

1/10/2018 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The plaintiff owned a condominium in a development owned and operated by one of the defendants and from which a second defendant had contracted to remove snow and ice.  The plaintiff slipped and fell on ice on an outside staircase during an ongoing storm and filed a negligence action against the defendants clai ...

PREMISES LIABILITY – Appellate Court finds that property owner had no duty maintain sidewalk free of wildly growing grass:

1/10/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The plaintiff slipped and fell on a sidewalk that was cracked and broken with grass growing through the cracks which hid the condition.  The sidewalk was adjacent to the defendant’s property.  The plaintiff sued alleging that the defendant was negligent in not maintaining the sidewalk free of the gra ...

PERSONAL INJURY – Superior Court holds that a Connecticut statute governing the sale of all-terrain vehicles does not create a private right of action:

1/10/2018 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

A 14-year-old plaintiff was riding an all-terrain vehicle (ATV) with a friend of the same age when the friend lost control of the ATV and crashed, causing the plaintiff to suffer serious injuries.  The plaintiff sued the defendant ATV dealer, claiming that that the defendant violated Conn. Gen. Stat §14-39 ...

PERSONAL INJURY – Superior Court holds auto accident victim not entitled to damages for future surgery not proven necessary:

1/10/2018 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The plaintiff was injured following an accident in which she came to a complete stop in the left hand lane of a highway because of heavy traffic and was struck from behind by a vehicle driven by defendant, who had failed to stop in time. The plaintiff was treated in the emergency room on the day of the accident for ...

MUNICIPAL LAW – Supreme Court holds that triable issue of material fact exists as to whether city fire department’s persistent and continuing failure to conduct statutorily-mandated inspections of public housing constituted reckless disregard for residents’ health and safety:

1/10/2018 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

Four residents of a public housing complex in Bridgeport died in a fire and the plaintiff administrator of the decedents’ estates sued the city and others, claiming that the fire resulted directly from the fire department’s past and continuing failures to regularly inspect fire detection equipment and fi ...

MUNICIPAL LAW – Superior Court holds that neither mere receipt of benefits nor representations of lower-level officials are sufficient to establish municipality contractual liability:

1/10/2018 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The plaintiff alleged that it had performed some work related to a Hartford sports stadium before the city formally cut ties with the plaintiff.  The plaintiff then filed suit related to the hiring of a stadium manager.  It acknowledged that the city’s counsel never signed a lawful contract with the ...

MUNICIPAL LAW – Superior Court holds school board and employees immune from child’s playground injury:

1/10/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The plaintiff was injured when she fell off of a tunnel that she was climbing on at her elementary school’s playground.  She sued the town board of education and other school employees, alleging that the school employees were negligent in failing to supervise the students during recess. In granting the de ...

INSURANCE LAW – Supreme Court finds lower courts erred in construing business pursuits exclusion in homeowners’ and umbrella policies:

1/10/2018 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

In this declaratory judgment action, the liability insurers sought a declaration that it did not owe a duty to defend and indemnify the insured under homeowners and personal umbrella policies where the insured’s employee brought a false imprisonment action against the insured. The false imprisonment action aro ...

INSURANCE LAW – Superior Court holds insured’s commission of bullying and sexual assault were not “accidental” occurrences for purposes of insurance coverage:

1/10/2018 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

An insured was sued by a high school classmate for sexual assault and bullying causing severe and debilitating injury.  The defendant insured sought coverage under the plaintiff’s policy and the plaintiff filed suit, seeking a declaratory judgment that it owned no duty to defend and indemnify the defendan ...

INSURANCE LAW – Superior Court holds casualty insurer not obligated to provide coverage for repair costs for structural defects not discovered until after parties had reached agreement following damage claims arising from snow and ice overload on roof:

1/10/2018 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The plaintiffs’ building was damaged by snow and ice on the roof.  The defendant provided a casualty policy on the building.  After negotiation, the defendant paid out an agreed-upon amount for actual cash value of the loss.  After the payout and prior to the commencement of repair work, the pla ...

INSURANCE LAW – Superior Court holds insured’s willful and misleading statement warranted denial of claim:

1/10/2018 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The plaintiff’s vehicle was allegedly stolen on February 2, 2014 and later located by police and determined to be a total loss.  The plaintiff filed a claim with the defendant, his insurer.  In investigating the claim, the defendant asked plaintiff if he had ever offered to sell the vehicle.  Th ...

INSURANCE LAW – District Court held no coverage for cracking basement walls where damage not “sudden”:

1/10/2018 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The plaintiffs found cracks in the basement walls of their home, allegedly caused by faulty concrete and failed a claim with the defendant for coverage, claiming that the structural integrity of the walls was substantially impaired and that the walls would fail in the future.  Allstate  denied the claim an ...

INSURANCE LAW – Appellate Court holds insured’s auto policy validly cancelled due to non-payment:

1/10/2018 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The defendants purchased an automobile liability insurance policy from the plaintiffs and were required to pay $62.24 in monthly installments by the tenth of each month.  The plaintiffs failed to make the June payment and the plaintiff sent them a notice stating that their policy would be cancelled if they fail ...

PREMISES LIABILITY – Superior Court holds that an issue of fact exists as to whether snow removal contractor had and breached obligation to remove snow

9/19/2017 | Peter K. O'Keefe
pkokeefe@jacksonokeefe.com

The snow removal contractor’s agreement required snow removal when there was a snowfall of at least two inches.  Prior to the day of the slip and fall, there was snow on the ground and snow fell on the accident date in an amount that might have been a bit more or less than two inches.  The snow had n ...

PERSONAL INJURY – Connecticut Supreme Court affirms $41.75 million verdict arising out of significant injuries to student:

9/19/2017 | Kathryn M. Cunningham
kmcunningham@jacksonokeefe.com

The minor plaintiff was a student in a private boarding school in Connecticut.  On a certified question from the Second Circuit Court of Appeals, the Connecticut Supreme Court holds that Connecticut public policy supports the imposition of a duty on such schools to exercise reasonable care to protect students i ...

MUNICIPAL LAW – Supreme Court affirms governmental immunity application to injury arising out of use of municipal pool:

9/19/2017 | Joseph M. Busher Jr.
jmbusher@jacksonokeefe.com

The town rented its pool to an entity which hosted aqua therapy at the pool.  The town was paid $50.00 per hour for use of the pool.  The plaintiff slipped and fell on wet pool stairs, resulting in injury.  The Supreme Court rejects the plaintiff’s claim that the rental of the pool transforms th ...

MUNICIPAL LAW – Superior Court holds that §13a-149 is exclusive remedy for highway defect claim:

9/19/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

The claim arose out of a bicycle accident that occurred when the plaintiff’s front tire became trapped in a catch basin grate.  The court rejects the claimant’s claim that General Statutes §52-557n(b)(8) allows a claim for reckless failure to inspect.  The court reasons that the statutory ...

MUNICIPAL LAW – Appellate Court holds that there is no ministerial duty to provide protective equipment during a sporting event:

9/19/2017 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

The case involved an elementary school gym teacher who was alleged to have a ministerial duty to provide shin guards for soccer practice.  The Appellate Court affirms summary judgment for the defendant, holding that a physical education guide in effect did not render any duty to provide shin guards ministerial, ...


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