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Motor Vehicle Law: Supreme Court of Connecticut holds that governmental immunity for discretionary acts does not bar claims of negligence arising out of the operation of an emergency vehicle

The Connecticut Supreme Court addresses whether the special defense of governmental immunity for discretionary acts bars claims of negligence against drivers operating an “emergency vehicle” pursuant to the privileges provided by the emergency vehicle statute, General Statutes § 14-283. On…

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Janis K Malec

Insurance Coverage: Court finds that the individual’s mental state is not a material fact required for the insurance policy’s assault and/or battery coverage to apply

This is an insurance coverage dispute stemming from the death of an individual who was shot on the premises of the defendant, Ryan’s Pub, LLC. The defendant is an insured of the plaintiff, Tudor Insurance Company. In the underlying lawsuit,…

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Motor Vehicle Law: Plaintiff presents sufficient evidence to recover damages for injuries caused in a motor vehicle accident but fails to present sufficient evidence to support an award for compensatory damages as to his daughter’s injuries

The present matter arises out of a motor vehicle accident between the plaintiff and defendant. The court states that the determination of damages involves a question of fact and when damages are claimed, they are an essential element of the…

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PREMISES LIABILITY: Trial Court erred in refusing Plaintiff’s request for jury instructions relating to non-delegable duty to maintain the premises in reasonably safe condition

This action arose from a slip and fall premises liability suit. The plaintiff was a tenant in the defendant landlord’s building when she slipped on an exterior staircase of the apartment building. Her chief allegation was that the defendant was…

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PREMISES LIABILITY: Court grants summary judgment in favor of defendant, finding no duty of care by a private defendant to the plaintiff for maintaining public sidewalks

In this action, the plaintiff was injured when she tripped and fell into a hole/depression on the sidewalk adjacent to 399 Mill Hill Avenue in Bridgeport. She filed suit, alleging two different theories of liability, first, that the defendants were…

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PREMISES LIABILITY: Appellate Court affirms summary judgment in favor of defendant, finding no duty of care by private defendant to the plaintiff for maintaining a public sidewalk

The plaintiff sued the defendants City of Bridgeport and Seaside Village Homes, a housing association, after she fell on a city sidewalk adjacent to property owned by Seaside Village Homes. The plaintiff alleged that her injuries were the result of…

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PREMISES LIABILITY: Appellate Court holds that property owner owed no duty of care to those injured on abutting sidewalk, unless defect was created by owner’s actions

The Appellate Court affirms the granting of Summary Judgment for defendant, property owner, where plaintiff brought claims sounding in negligence, negligence per se, and nuisance against abutting property owner for an injury caused by a defective sidewalk.  The law holds…

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PREMISES LIABILITY: Superior Court holds ordinance requiring property owner to maintain public sidewalk only imposes a duty upon landowner owed exclusively to the city

The plaintiff brought suit against the defendant abutting landowner for negligence in failing to properly maintain the public sidewalk in front of owner’s property, causing the plaintiff’s injuries. The Superior Court granted the defendant’s Motion for Summary Judgment, holding that…

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