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…
This action involved a defense and indemnity provision contained within a subcontract related to the construction of a Middletown power project. The agreement provided in relevant part that the subcontractor would “to the fullest extent permitted by law … defend,…
Where an indemnity provision contained within a lease provided that the lessee was required to indemnify the lessor and further provided “this obligation to indemnify shall include reasonable legal costs,” there was no genuine duty to defend. The court held…
The policy defined personal and advertising injury to include infringement “upon another’s copyright, trade dress or slogan in the [insured’s] advertisement.” In the insurer’s declaratory judgment action, the court holds that the underlying complaint contained no allegation of advertisement as…
The Connecticut Appellate Court has ruled that under the Connecticut Practice Book, a motion for summary judgment can be filed at any time, including prior to the filing of an answer and/or special defense. Gordon v. Gordon, AC 38343 (2/14/17)
Addressing an issue of first impression, the Connecticut Superior Court rejects the claim that a party seeking a deposition must depose low-ranking individuals at an organization prior to noticing the deposition of higher-ranking individuals. The court finds that the apex…
In the pro se plaintiff’s lawsuit against his former attorneys, the defendants requested that the plaintiff file a signed recognizance bond. The court ordered the plaintiff to furnish a recognizance bond on or before December 8, 2014. Not having done so,…
The plaintiff asserted claims against an LLC and two employees thereof. The plaintiff alleged that it hired the LLC to maintain a swimming pool. It was alleged that the swimming pool popped out of the ground due to a buildup…
The Connecticut Appellate Court holds that since a nuisance is a condition on property, rather than the act that creates that condition, a design professional who designed an allegedly dangerous condition could not be held liable on a nuisance theory. …
The State of Connecticut had hired Bacon Construction Company to perform masonry work and related services at the York Correctional Institution in Niantic. After the work was completed, Bacon filed a claim with the American Arbitration Association, and won $82,812.00…