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Premises Liability: Court denies defendants’ motion for summary judgment on the grounds that the plaintiff’s inconsistent deposition testimony creates an issue of fact for the jury to decide

The Plaintiff's Allegations Against the Defendants The defendants have filed a motion for summary judgment in an action brought by the plaintiff after she allegedly tripped and fell on the subject premises. The plaintiff claims that the defendants, who owned,…

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Premises Liability: Court denies motion to strike after determining that plaintiff’s complaint sufficiently alleged that the defendants may have owed her a duty to warn of dangers existing in areas beyond the landowner’s control

Plaintiff's Premises Liability Action Plaintiff brought a premises liability action against the defendants, alleging that she was a passenger in a vehicle operated by an unknown individual who purchased food at a drive-through restaurant owned by the defendants. The plaintiff…

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Personal Injury Law: Defendant’s motion to strike is granted based on the plaintiff’s failure to allege that the defendant-owner of the hockey rink violated a duty owed to the plaintiff after he was injured by an opponent during an adult hockey league game

The plaintiff was allegedly injured by an opposing player during an adult hockey league game at a skating rink owned and operated by the defendant. The defendant moves to strike Count Three of the plaintiff’s complaint, which asserts a claim…

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Janis K Malec

Motor Vehicle Law: Federal Court grants plaintiff’s motion to remand wrongful death lawsuit back to Connecticut State Court after finding no fraudulent joinder of defendants

The plaintiffs, family members and representatives of the decedent, brought this action against the defendant, who was operating her vehicle as an Uber driver when she struck and killed the decedent. In Connecticut Superior Court, the plaintiffs named the Uber…

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Motor Vehicle Law: Court declines to award double or treble damages in motor vehicle tort action due to plaintiff’s failure to present sufficient evidence supporting a claim for recklessness

The plaintiff brought this action to recover damages for injuries he sustained in a motor vehicle accident wherein he was a passenger in the vehicle owned and operated by the defendant. The plaintiff’s complaint alleged negligence in the first count,…

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