Category: GENERAL
Issue: June/July 2010 Download PDF
Topics covered include:
* Vehicle Lessor Liability - Connecticut Supreme Court Holds that Graves Amendment Preempts State Statute Regarding
Lessor Vicarious Liability
* Premises Liability - Parking Lot Owner Does Not Owe Duty of Care to Car Accident Victim Where
Owner Does Not Retain Control of Lot Under Lease
* Negligence Per Se - Crossing a Median into Oncoming Traffic in Violation of Statute Requiring Keeping Vehicle in Proper Lane is Negligence Per Se for Which
Plaintiff's Carrier is Liable Pursuant to Uninsured Motorist Coverage
* Slip and Fall - Appellate Court Reverses Grant of Summary Judgment With Fact Dispute as to Whether Plaintiff Slipped on New or Old
Ice
* Trial Practice: Jury Polling - Connecticut Supreme Court Holds that Violation of Rule Requiring Juror Polling Upon Request
Only Requires Reversal if Harmful
* Offer of Judgment - Connecticut Supreme Court Holds Substituted Plaintiff is Entitled to Offer of Judgment
Interest Accrued from the Substitution
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Category: GENERAL
Issue: May 2010 Download PDF
Topics covered include:
* Municipal Liability - Plaintiff May Be Negligent Per Se Walking in
Street Not Sidewalk - Municipality Only Liable for Nuisance Created by Its Positive Act
* Product
Liability - Failure to Give Proper Oral Instructions Properly Pled as Product Liability Claim
* Expert Testimony - Preclusion of Expert is Harmless Error With No Showing of What Testimony Would Have Added
* Uninsured Motorist - Injuries During Rescue Attempt After an Accident are
Recoverable From Plaintiff's UM Carrier
* Breach
of Contract - Intentional Breach of Contract Does Not Negate Substantial Performance
* Firm News - Nicole Chomiak Prevails At Trial - Angeline Ioannou and Kelly Gaertner Win Summary Judgment
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Category: GENERAL
Issue: April 2010 Download PDF
Topics covered include:
* Governmental Immunity - Connecticut Supreme Court Rules that Plaintiff's Action Against
the City is Barred by Governmental Immunity - Connecticut Supreme Court Upholds Summary Judgment in Favor of Town Pursuant to Governmental
Immunity
* Workers' Compensation Immunity - Nuzzo & Roberts Disposes of Case
Against its Client Where Connecticut Trial Court Recognized Dual-Employer Doctrine
* Prejudgment
Remedies - A Vexatious Litigation Claim Cannot be Based on a Denied Application for Prejudgment Remedy
* Discovery - District Court Forces Plaintiff to Disclose Facebook Pages to Defendant
* Firm News
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Category: GENERAL
Issue: October/November 2009 Download PDF
Topics covered include:
* Trial Practice and
Procedure - Connecticut Supreme Court Remands for Remittitur Where Jury Verdict Exceeds Experts' Calculations - Plaintiffs Waived Right to Appellate Review of Defense
Counsel's Reference to Lottery in Closing Argument
* Liquor Liability - Social Host May Be Liable for Negligent Service of Alcohol to an Adult
* Accidental Failure of Suit - Action Withdrawn for an Acknowledged Lack of Jurisdiction
Can Be Saved by the Accidental Failure of Suit Statute
* Firm News
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Category: GENERAL
Issue: August/September 2009 Download PDF
Topics covered include:
* Liquor Liability - Derivative Claims Not Permitted
Under the Dram Shop Act - Friends Who Let Their Friend Drive Drunk May Be Liable
* Equitable Setoffs - Plaintiff Has Burden of Proving Bill Write-offs Were Voluntarily Forgiven
* Emotional Distress - Court Allows Bystander Emotional Distress Claim for
a Pet's Death
* Firm News
* Did You Know?
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Category: GENERAL
Issue: July 2009 Download PDF
Topics covered include:
* City's Statutory Duty to Maintain Public Highways is
Nondelegable
* Landowner Owes No Duty to a Plaintiff Who
Falls on Land Abutting Sidewalk Where Landowner Did Not Create an Excavation or Artificial Structure
* Supreme Court
Holds that the Superseding Cause Doctrine Remains a Viable Defense to Intentional or Criminal Acts by Another Tort-feasor
* Defendant Precluded From Filing Special Defense of Comparative Negligence Against Child's Parent
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Category: GENERAL
Issue: May/June 2009 Download PDF
Topics covered include:
* Product Liability - Supreme Court Permits Commercial Loss Claim in Product Liability Case - Connecticut Product Liability Claim
Preempted by Federal Law
* Settlement - Penalties Imposed for
Settlement Check Five Days Late
* Negligence - Jury Charged with Attractive Nuisance
* Firm News
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Category: GENERAL
Issue: March/April 2009 Download PDF
Topics covered include:
* Apportionment Complaint Allowed after 120 Day Deadline
Passed
* Offer of
Compromise can be Extended for Equitable Reasons
* Agreement to Arbitrate Does Not Deprive the Court of Subject Matter Jurisdiction
* Firm News
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Category: GENERAL
Issue: January/February 2009 Download PDF
Topics covered include:
* Connecticut Appellate Court Upholds the Preclusion of Evidence of Second Surgery Due to Insufficient
Expert Testimony
* Court Declines
to Hold Tenant Liable to a Delivery Person Who Fell in a Common Area
* Summary Judgment Granted Where Plaintiff Failed to Prove Constructive Notice
* Firm News
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Category: GENERAL
Issue: November/December 2008 Download PDF
Topics covered include:
* Connecticut Procedure - Connecticut Supreme Court Clarifies Whether an Ambiguous Offer of Judgment can be Enforced - Defendant Not Required to
Bear Costs of Out-of-State Doctor for IME - Defendant Waived Statute of Limitations Defense by Failing to Plead
Statute
* Product Liability - Special Defense of Complying with Design Specifications Recognized in Product
Liability Action
* Premises Liability -
Mode of Operation is Not an Independent Cause of Action
* Apportionment - Apportionment Claim Against Plaintiff's Insurer Improper When Only One Tortfeasor Involved
* Dog Bite - Supreme Court Holds that Landlords can be Liable at Common Law for
Actions of a Tenant's Dog
* Firm News
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Category: GENERAL
Issue: October 2008 Download PDF
Topics covered include:
* Experts - Supreme Court Holds Expert's Trial Preparation Time Not Reimbursable to Prevailing Party
* Discovery - Discovery of Defendant's Medical Conditions Permitted in Auto Accident Case
* Parental Liability - Proof of a Child's Intent to Cause the Specific Injury Required for Parental Liability Under § 52-572
* Emotional Distress - Lost Opportunity to Conceive Grounds for Infliction of Emotional Distress Claims
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Category: GENERAL
Issue: September 2008 Download PDF
Topics covered include:
* Insurance Limits - Supreme Court Holds Bystander Emotional Distress Not a "Bodily Injury"
Triggering "Per Accident" Provision of Policy
* Animal Liability - Condominium
Association Not Liable for Common Area Dog Attack
* Apportionment - Court Extend Apportionment Deadline When Plaintiff Withdraws Claim
* Ongoing Storm - Property Owner Not Liable for Fall During Ongoing Storm Even When
Snow Removal Started
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Category: GENERAL
Issue: July/August 2008 Download PDF
Topics covered include:
* Evidence - Connecticut Supreme Court Holds Invocation of Privilege against Self-Incrimination May be
Admissible in Civil Cases
* Underinsured Motorist - Offer of Judgment Interest Calculated on Judgment after Applicable
Reductions and Not Full Award
* Municipal Liability - Burden to Remove Snow and Ice from Public Sidewalks
Cannot be Shifted to State as Abutting Landowner
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Category: GENERAL
Issue: May/June 2008 Download PDF
Topics covered include:
* Contractor
Liability - Another Victory for General Contractors
* Reckless Statute - Statutory Recklessness Claim Does Not Survive Death of Defendant
* Animal Liability - Cat's Vicious Propensity
Toward Other Cats Renders Owner Liability
* Premises Liability - Court Declines to Apply Unusual Circumstances Exception to
Ongoing Storm Rule - Mode of Operation Rule Not Applied Retroactively When Trial Concluded
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Category: GENERAL
Issue: March/April 2008 Download PDF
Topics covered include:
* Contractor Liability - Connecticut Supreme Court Overturns $41
Million Verdict
* Bill May Allow Apportionment of Withdrawn Defendant
* No Per Se Reduction from Jury Awards for Prior Settlements in Product
Liability Cases
* Superior Court Recognizes Third-Party Spoliation Actions
* Bar Patron's Suicide is Unforeseeable Consequence of Wanton and Reckless Service of
Alcohol
* Appellate Court Finds Plaintiff has No Burden to Provide Counter
Affidavits to Defeat Summary Judgment
* Firm News
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Category: GENERAL
Issue: February 2008 Download PDF
Topics covered include:
* Discovery Warning - Claims Files May be
Discoverable
* Workers' Compensation - Motor Vehicle Exception to Workers'
Compensation Exclusivity Does Not Provide for a Cause of Action in Recklessness
* Premises Liability
- Firefighter's Rule Not Extended to Probation Officers - Control of Open House is Issue of Fact
* Strict Liability - Ultrahazardous Activity Must be Proximate Cause of Injury
* Tips
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Category: GENERAL
Issue: January 2008 Download PDF
Topics covered include:
* Cause of Action for Enhanced
Injury Recognized Where Defendant Intentionally Removes Seat Belts
* Sovereign Immunity Does Not Apply to Municipal Building Inspectors
* Defendants Are Not Precluded
from Bringing Apportionment Complaints Based on Gross Negligence
* Boy Scouts of America Not Vicariously Liable for the Torts of Den Leaders
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Category: GENERAL
Issue: November 2007 Download PDF
Topics covered include:
* Governmental Immunity - Supreme Court Strictly Construes the "Identifiable
Person/Imminent Harm" Exception to Governmental Immunity
* Products Liability - Product
Liability Act's Exclusivity Clause Bars Failure to Warn Claim Against Equipment Lessor
* Negligence - Vehicle Lessee Considered Owner Under C.G.S. § 52-183
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Category: GENERAL
Issue: October 2007 Download PDF
Topics covered include:
* Discovery Alert -
Connecticut Mandates Production of Surveillance Video to be Used at
Trial
* Apportionment - Supreme Court Finds Apportionment Complaints Against Existing Parties Improper
* Defamation - First Impression: Supreme Court Holds Employment References Protected by Qualified Privilege When
Released With Consent
* Municipal Liability - Claim Failed to Demonstrate Identifiable
Person-Imminent Harm Exception
* Firm News
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Category: GENERAL
Issue: September 2007 Download PDF
Topics covered include:
* Negligence Causation - No
Causation Between Police Officer's Slip and Fall and Roaming Dog
* Dog Bite Statute - Plaintiff's Status as Keeper of Dog is Question of Fact for Jury
* Premises Liability - Recently Adopted "Mode of Operation Rule" Used to Deny Motion for Summary Judgment for Injuries
Caused by Defective Shopping Cart
* School Liability - Defendant School and Teacher
Owned Duty to Gym Class Participant
* Employer Liability - Appellate Court Holds Employer Not Liable for
Withdrawing Written Offer of At-Will Employment Even if Relied Upon in Resigning From Existing Position
* Statutes of Limitation - Connecticut Time Period for Filing Discrimination
Complaints Commences Upon Final Day of Employment, Not Upon Notice of Termination
* Tips
* Firm News
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Category: GENERAL
Issue: July/August 2007 Download PDF
Topics covered include:
* Workers' Compensation Exclusivity - Exclusivity Provision Exception Requires Employer's Subjective Belief of Substantially Certain
Injury
* Negligence Causation - No Causal Connection Between Failure to Arrest and
Murder
* Hold Harmless
Clause - Enforceability of Hold Harmless Clause an Issue of Fact
* HIPAA - Connecticut General Statute § 4-104 is Preempted by HIPAA
* Apportionment
- Apportionment Complaint Against Independent Contractors Permitted
* Premises Liability - Owner Not Liable for Defective Premises
* Tips
* Firm News
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Category: GENERAL
Issue: June 2007 Download PDF
Topics covered include:
* Summary Judgment - Appellate Court Affirms Granting of Summary Judgment Where No Contradictory
Evidence was Presented
* Wrongful Discharge -
Appellate Court Affirms Striking of Negligence Per Se Claim
* Jury Instructions - Supreme Court Requires Self-Defense Instruction in Claim of Assault Based on Negligence
* Apportionment - Superior Court Strikes Apportionment Claim Where
No Duty is Alleged
* Common Law
Indemnification - Superior Court Denies Motion to Strike Where Elements are Properly Pled
* Pleading - Superior Court Grants Motion to Strike Individual Paragraphs of a Single Count
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Category: GENERAL
Issue: May 2007 Download PDF
Topics covered include:
* Lessor Liability - Superior Court Holds Graves
Amendment Bars Recovery from Lessor for Vicarious Liability
* Workers' Compensation Exclusivity - Connecticut
Appellate Court Affirms Trial Court's Disposal of Wrongful Death Claims Against Decedents' Employer
* Governmental Immunity - Supreme Court
Holds that Denial of Motion to Dismiss Based on Governmental Immunity is not an Appealable Final Judgment
* Apportionment - Superior Court Allows Apportionment Complaint Against a Plaintiff to Stand
* Forseeability
* Summary Judgment - The United States Supreme Court Relies on Videotape Evidence in Holding that a Police
Officer's Attempt to Terminate a Dangerous High-speed Car Chase that Threatens the Lives of Innocent Bystanders does not Violate the Fourth
Amendment
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Category: GENERAL
Issue: March/April 2007 Download PDF
Topics covered include:
* Premises Liability - Supreme Court Adopts "Mode of Operation" Rule - Supreme Court Declines to Change Connecticut's Premises Liability Law
* Abutting
Landowners - The Supreme Court Affirms Summary Judgment Entered in Favor of City
* Governmental Immunity - Superior Court Declines to Extend Exception to Governmental Immunity -
Superior Court Denies Summary Judgment Based on Hold Harmless Agreement - Superior Court Holds that Dog Bite Statute Applies to Sleeping Dog
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Category: GENERAL
Issue: February 2007 Download PDF
Topics covered include:
* Notice - Supreme
Court Affirms Directed Verdict in Favor of Defendant Based on Lack of Specific Notice
* Vicarious Liability
* Default - Appellate Court
Reverses Trial Court Decision Barring Plaintiff's Recovery Based on Comparative Negligence Against Defaulted Defendants
* Apportionment - Superior Court Holds That a Shopping Mall may
Successfully File an Apportionment Complaint Against a Snow Plow Contractor Where Ownership or Control of the Premises is at Issue
* Workers' Compensation - Appellate Court Holds That an Employee Cannot Maintain an Action in Negligence Against a Co-worker Where the Injury
did not Occur as the Result of the Co-Worker's Negligent Operation of a Motor Vehicle
* Statutory Immunity - Appellate Court Affirms Summary Judgment in Favor of Defendant City Based on
Statutory Immunity
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Category: GENERAL
Issue: January 2007 Download PDF
Topics covered include:
* Apportionment - Supreme Court Permits Apportionment Complaint Served Beyond Mandatory
120-Day Time Limit
* Superior
Court Finds No Waiver and Dismisses Late Filed Apportionment Complaint
* Proximate Cause - Supreme Court Affirms Directed Verdict for Defendant Where the Plaintiff Failed to Present Evidence of Proximate Cause
* Pleading - Superior Court Grants Summary Judgment Absent
Objection
* Superior Court Finds that Complaint Sufficiently Alleges Agency Relationship
* Superior Court Finds that Basis for Apportionment
Exists
* Insurance Coverage - Lessor of Motor Vehicle Not Liable Under C.G.S. §14-15a for Damages Caused by the Operation of Leased Vehicle by Lessee's Unlicensed 16-year-old Daughter
* Insurer May Waive Right to Rely on One-year Limitations Period in Property Policy Where Letters to
Insured Could Leave Insured with Impression that it is Still Investigating the Claim
* Insurer was not Obligated to Notify Certificate Holder of Cancellation of the Policy and Owed No Duty to
Certificate Holder by Virtue of the Certificate of Insurance
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Category: GENERAL
Issue: November 2006 Download PDF
Topics covered include:
* Exculpatory Agreements - Supreme Court Finds that Exculpatory Agreements in the Employment Context Violate Public Policy
* Sanctions - Supreme Court Affirms Denial of Motion to Set Aside Default Where Defendants did not Show Good Cause to Set Aside
* Duty - Superior Court Finds that Insurance Agent Owes a Duty to Advise Clients on Appropriate Insurance Products
* Service of Process - Superior Court Grants Motion to Dismiss for Insufficient Service of Process
* Standing - Appellate Court Find that Plaintiff has Standing to Seek recovery of Funds Despite the Fact that Plaintiff Admittedly Stole the Funds
* News & Notes
* Reminders
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Category: GENERAL
Issue: October 2006 Download PDF
Topics covered include:
* Exculpatory Agreements - Connecticut Supreme Court Rules that a Release of
Liability in Favor of a Horse Riding Business is Against Public Policy
* Superior Court Finds Exculpatory Agreement Against Public Policy
* Apportionment - Superior Court Allows Landowner to Seek Apportionment Against an Independent
Contractor
* Governmental Immunity - The Connecticut
Supreme Court Reigns in an Exception to Governmental Immunity
* Superior Court Holds that a Municipality Did Not Exercise a Ministerial Duty by Failing to Properly Maintain Land
* Duty - Superior Court Finds that Security Company Did Not Owe the Plaintiff a
Duty
* News & Notes
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Category: GENERAL
Issue: September 2006 Download PDF
Topics covered include:
* Product Liability Act - The Connecticut Supreme Court Holds that an Employer Who has Intervened to Recoup Workers' Compensation Benefits is not a "Party" against which Proportional Liability May be Assigned under the Product Liability Act
* Summary Judgment - Superior Court Holds that Summary Judgment Granted in Favor of Plaintiff in Strict Liability Action Forecloses the Need to Prove Causation
* Superior Court Denies Plaintiff's Motion for Summary Judgment as to Liability in Negligence Action
* Notice - Technically Inapplicable Building Code Regulations Put Property Owner on Notice to Remedy Hidden Defect
* Competing Legal Doctrines - Workers' Compensation Exclusivity Provision Bars Plaintiff/Employee from Asserting Indemnification Rights against His Employer Even Though Assignment of Rights to Plaintiff/Employee was Valid
* Comparative Fault - Superior Court Reduces Plaintiff's Award by 35%
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Category: GENERAL
Issue: August 2006 Download PDF
Topics covered include:
* Governmental Immunity - Appellate Court Finds that Mother of Child Attending After-School Program Satisfied Exception to Governmental Immunity
* Abutting Landowner Liability - Adjoining Landowner not Responsible for Injury Caused by Falling Tree
* Insurance Law - Connecticut Supreme Court Finds that Payment by Third Party under Uninsured Motorist Policy Should be Counted Toward Retained Limit of Umbrella Policy
* Legal Duty - Connecticut Appellate Court Finds that Duty was not Owed to Fairgoer Arising Out of Traffic Safety Plan
* Damages - Appellate Court Finds that Jury Properly Calculated Plaintiff's Loss of Earning Capacity
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Category: GENERAL
Issue: July 2006 Download PDF
Topics covered include:
* Lessor Liability - Release Signed by Lessee Released Automobile Lessor
* Pleading & Procedure - Appellate Court Finds that Failure to Include Signature on Writ of Summons is Circumstantial Defect
* Superior Court Finds Negligent Supervision Claim Properly Pled
* Superior Court Holds that Complaint Fails to State Legally Sufficient Recklessness Claim
* Superior Court Denies Motion for Extension of Time as Untimely
* Superior Court Finds Issue of Fact as to When Plaintiff Realized that Defendant Owed a Duty
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Category: GENERAL
Issue: June 2006 Download PDF
Topics covered include:
* Apportionment - Supreme Court Officially Holds That Non-Delegable Duty Bars Apportionment Claims against Contractors
* Superior Court Grants Motion to Dismiss Apportionment Complaint Served Beyond 120 Days from the Return Date of the Original Complaint
* Summary Judgment - Without Sufficient Evidence to Prove Constructive Notice, Superior Court Grants Summary Judgment
* Superior Court Finds Issue of Fact and Denies Summary Judgment
* Superior Court Denies Summary Judgment on Procedural and Substantive Grounds
* Pleading & Procedure - Superior Court Orders Plaintiff to Delete Unnecessary and Immaterial Allegations in Complaint
* Superior Court Finds That Plaintiff Failed to Sufficiently Plead All Elements of Cause of Action
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Category: GENERAL
Issue: May 2006 Download PDF
Topics covered include:
* Contractor Liability - Superior Court Holds that Property Manager
May be Liable for Acts of Independent
Contractor
* Pleading - Two Judges Rule Consistently On Two Different Defendants' Separate Motions Challenging the
Sufficiency of the Plaintiff's Recklessness Claims
* Apportionment - Superior Court Denies Motion to
Strike Apportionment Complaint that Alleged Assault and Battery - Superior Court Strikes Counterclaim for
Apportionment
* Uninsured/Underinsured Motorist Coverage - Superior Court Holds that the Plaintiff Could Not Recover
Underinsured Motorist Benefits from Insurer of Husband's Employer
* Settlement Agreements - Superior Court Holds that a Party May
Compel the Testimony of a Mediator in a Lawsuit Involving an Alleged Breach of a Settlement
Agreement
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Category: GENERAL
Issue: April 2006 Download PDF
Topics covered include:
* Waiver of Liability - Superior Court Extends the Supreme Court Holding in
Hyson to Waivers for All Types of Activities Not Just Those Associated with Recreational
Facilities
* Pleading - Superior Court Holds that Physical Injury Resulting Solely from Emotional Distress
Can Only be Recovered under a Theory of Negligent Infliction of Emotional Distress as Opposed to a
Standard Negligence Claim
* Dog Bite Statute - Appellate
Court Holds that Employer/Landlord Did Not Exert Control over its Employee.s Dog Sufficient to Create
Liability
* Civil Procedure - Superior Court Holds that Failure to Comply with Statute of Limitations Cannot
be Resolved by a Motion to Dismiss and Must be Pleaded as a Special Defense
* Housing Discrimination - Superior Court Holds that Non-Disabled Persons
Can Recover for Discrimination against their Associates and Allows Nominal Damages in Discrimination
Actions
* CUTPA - On Reconsideration Superior Court Strikes
CUTPA Claim against Former Bridgeport Mayor Where There Was No Allegation that He Was Acting in the Scope
of His Primary Trade or Commerce
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Category: GENERAL
Issue: March 2006 Download PDF
Topics covered include:
* Damages - Connecticut Supreme Court Rules that a Plaintiff is Not Entitled to Nominal Damages in Negligence Action Where the Defendant Admits Liability but Denies Having Caused the Plaintiff's Injuries
* Uninsured/Underinsured Motorist Coverage - Supreme Court Interprets Statute Regarding Reduction of Uninsured Motorist Benefits
* CUTPA/CUIPA - Appellate Court Rules on Whether a Third Party to an Insurance Contract Can Bring Claims for Breach of the Covenant of Good Faith and Fair Dealing or Violation of CUIPA/CUTPA
* Uninsured/Underinsured Motorists Coverage - Superior Court Invalidates Policy's Statute of Limitations Provision for Underinsured Motorist Claim
* Pleadings - Superior Court Strikes Special Defense for Failure to Allege Supporting Facts
* Defamation - Superior Court Finds that Newspaper Article was Not Defamatory
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Category: GENERAL
Issue: February 2006 Download PDF
Topics covered include:
* Workers' Compensation Act Exclusivity - Supreme Court Finds that Plaintiff's Complaint is Barred by Exclusivity and Affirms Granting of Motion to Strike - Superior Court Grants Summary Judgment Finding that Plaintiff's Claims are Barred by Exclusivity
* Premises Liability - Superior Court Finds Issue of Fact as to Possession and Control and Denies Defendant's Motion for Summary Judgment
* Vicarious Liability - Superior Court Grants Rental Car Company's Motion for Summary Judgment after Plaintiff Released the Operator of the Vehicle
* Accord and Satisfaction - Superior Court Grants Summary Judgment after Finding that Defendant Accepted and Cashed a Purported Settlement Check
* Deposition Fees - Superior Court Holds that it has No Jurisdiction to Hear a Motion for Contempt after Case has been Withdrawn
* Stay of Civil Action - Superior Court Stays Proceedings Pending Outcome of Defendant's Criminal Action
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Category: GENERAL
Issue: January 2006 Download PDF
Topics covered include:
* Pleadings and Damages - Appellate Court Reverses Judgment of Trial Court and Finds That Plaintiff Sufficiently Alleged Claim for Breach of Contract
* Negligence - Appellate Court Reverses Judgment of Trial Court for Lack of Evidentiary Support
* Apportionment - Superior Court Strikes Apportionment Complaint Finding That it is Barred by Non-Delegable Duty Doctrine
* Summary Judgments - Superior Court Grants Summary Judgment Where Opposing Parties Failed to Present Evidence to Establish Existence of a Genuine Issue of Material Fact
* Appellate Procedure - Appellate Court Denies Motion to Open Judgment Because Record was Insufficient
* Personal Jurisdiction - Superior Court Dismisses Action for Improper Service of Process
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Category: GENERAL
Issue: December 2005 Download PDF
Topics covered include:
* Exculpatory Agreements & Recreational Facilities - The Connecticut Supreme Court Holds that Exculpatory Agreement Signed by Ski Resort Patron Violates Public Policy and is Unenforceable
* Additur - The Appellate Court Reverses Trial Court's Additur of Noneconomic Damages - The Appellate Court Reverses Trial Court's Denial of Additur of Noneconomic Damages
* Counterclaims & Workers' Compensation Exclusivity - Trial Court Denies Motion to Strike Counterclaim for Indemnity against Plaintiff's Employer
* Apportionment - Trial Court Denies Motion to Dismiss Apportionment Complaint Brought Beyond 120 Days from the Return Date of the Plaintiff's Original Complaint
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Category: GENERAL
Issue: November 2005 Download PDF
Topics covered include:
* Expert Witnesses - Appellate Court Affirms Granting of Summary Judgment Where Plaintiff was Precluded from Offering Expert Testimony on Causation
* Summary Judgment - Appellate Court Affirms Granting of Summary Judgment Where Plaintiff's Affidavit Contained Insufficient Facts to Contradict Those in Defendant's Affidavit
* Judicial Economy - Superior Court Treats Motion to Strike as Request to Revise
* Special Defenses - Superior Court Denies Motion to Strike Special Defense of Superseding Intentional Criminal Act
* Statute of Limitations - Superior Court Holds that Tolling of Statute of Limitations Suspends the Time in which an Action Must be Brought but Does Not Start the Limitations Period Anew
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Category: GENERAL
Issue: October 2005 Download PDF
Topics covered include:
* Uninsured/Underinsured Motorist - Supreme Court Holds that Settlement Proceeds from Legal Malpractice Action are Deducted from Underinsured Motorist Coverage
* Wrong Defendant Statute - Supreme Court Affirms Holding that Plaintiff's Action is Barred by Statute of Limitations and Not Saved by C.G.S. § 52-593
* Proximate Cause - Appellate Court Affirms Judgment of Dismissal Entered in Favor of Defendants after Plaintiff's Case-in-Chief
* Connecticut Unfair Trade Practices Act - Superior Court Extends Rule that CUTPA Claims in Legal and Medical Malpractice Actions are Limited to the Entrepreneurial and Commercial Aspects of the Professions
* Pleading & Procedure - Superior Court Denies Motion for Summary Judgment which was Based on Exclusivity of Workers' Compensation Act - Superior Court Grants Intervening Employer's Motion to Strike Counterclaim for Indemnity
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Category: GENERAL
Issue: September 2005 Download PDF
Topics covered include:
* Statute of Limitations/Relation Back Doctrine - Appellate Court Affirms Holding that Suit against Defendant's Employer is Barred by Statute of Limitations
* Uninsured Motorist Law - Supreme Court Finds that Plaintiff Exhausted Uninsured Motorist Coverage Despite Settling for Less Than Full Amount of Policy
* Apportionment - Superior Court Strikes Cross-claim for Apportionment
* Firm News
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Category: GENERAL
Issue: August 2005 Download PDF
Topics covered include:
* Insurer's Duty to Defend - Supreme Court Reverses Holding that Premises Liability Insurer Did Not Have a Duty to Defend
* Service of Process - Superior Court Grants Motion to Dismiss for Insufficient Service of Process
* Negligent Service of Alcohol to a Minor - Appellate Court Finds that Tavern is Not Liable for Entirely Unforeseen Results of Serving Alcohol to a Minor
* Dog Bite Statute - Superior Court Grants Summary Judgment in Favor of Defendant Homeowner on Ground that He was Not Keeper of Visitor's Dog
* At-Will Employees - Superior Court Holds that Sales Person with Employment Agreement to Guarantee Six Months at a Minimum Salary is an At-Will Employee
* Premises Liability - Superior Court Grants Summary Judgment Where the Evidence was Insufficient to Create Any Genuine Issues of Fact Regarding Control over the Area
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Category: GENERAL
Issue: July 2005 Download PDF
Topics covered include:
* Default Judgments - Appellate Court Affirms Denial of Untimely Motion to Set Aside Judgment of
Default
* Premises Liability - Superior
Court Denies Motion for Summary Judgment Based on Lack of Notice, Where Defendant Was Alleged to Have Created
Defect
* Accidental Failure of Suit - Appellate Court Affirms Granting of Summary Judgment
Where Second Action Was Commenced More Than One Year after First Action Terminated
* Informed Consent - Appellate Court Affirms Jury Verdict Finding Dentist
Failed to Provide Informed Consent
* Defamation - Superior Court Strikes Defamation Claims Where Complaint Did Not
Identify What Statements Were Defamatory
* Service of Process - Superior Court Denies Motion to Dismiss for
Insufficient Service of Process
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Category: GENERAL
Issue: June 2005 Download PDF
Topics covered include:
* Governmental Immunity - Supreme Court Refuses to Extend Narrow Exception to Governmental Immunity Defense
* Discovery Sanctions - Appellate Court Holds that Entry of Nonsuit for Failure to Comply with Discovery is Too Drastic
* Connecticut Unfair Trade Practices Act (CUTPA) - Superior Court Allows CUTPA Claim in Tenant's Slip and Fall Action against Landlord
* Relation-Back Doctrine - Court Holds that Proposed Amendment in Complaint States New Cause of Action and is Barred by the Statute of Limitations
* Comparative Negligence - Plaintiff's Percentage of Comparative Fault Bars Recovery
* Apportionment - Superior Court Dismisses Apportionment Complaint Because It was not Filed within 120 Days of the Return Date of the Original Complaint
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Category: GENERAL
Issue: May 2005 Download PDF
Topics covered include:
* Bad Faith and Workers' Compensation - Supreme Court Holds that Bad Faith Claims against Employer's Workers' Compensation Insurer are Barred by Exclusivity
* Damages & Stare Decisis - Appellate Court Upholds Award of Nominal Damages and Statutory Costs
* Independent Medical Examinations - Superior Court Orders Plaintiff to Provide List of Five Physicians of Choice for Independent Medical Examination
* Premises Liability - Tenant's Lack of Control Was Basis for Granting Summary Judgment in Trip and Fall Case
* Pleading & Procedure - Failure to Appeal Granting of Motion to Strike Waives Right to Challenge Ruling When Complaint is Amended and Stricken a Second Time - "Unavoidable Accident" Defense to be Raised as General Denial Rather than as Special Defense
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Category: GENERAL
Issue: April 2005 Download PDF
Topics covered include:
* Award of Attorney's Fees - Court Upholds Award of Attorney's Fees in Excess of the Amount of the Plaintiff's Recovery to Deter Defense Counsel from Transferring Small Claims to the Regular Docket
* Premises Liability - Court Holds Parking Lot Owner Liable to Plaintiff for Intentional Assault by Third Party
* Negligent Service of Alcohol by Social Host - Superior Court Denies Motion to Strike Negligent and Reckless Service of Alcohol Claims against Social Host
* Governmental Immunity - Appellate Court Finds That the Plaintiff Was Not A Foreseeable Victim of Harm, and, Therefore, Did Not Qualify under Any Exception to Governmental Immunity
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Category: GENERAL
Issue: March 2005 Download PDF
Topics covered include:
* Infliction of Emotional Distress - Appellate Court Holds that Extreme and Outrageous Conduct does not Need to be Alleged for a Claim of Negligent Infliction of Emotional Distress
* Attorney-Client Privilege - Supreme Court Reserves Trial Court's Ruling Granting Plaintiff/Insured's Bill of Discovery as to Defendant/Insurer's Claims File
* Underinsured Motorist Coverage - Appellate Court Finds that Injured Employee is not Entitled to Underinsured Motorist Benefits Under Employer's Policy
* Premises Liability - Property Owner Can Be Liable for Third Party's Assault and Battery
* Accidental Failure of Suit - Suit Reinstated Under Statute, Despite Never Officially Being Commenced
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Category: GENERAL
Issue: February 2005 Download PDF
Topics covered include:
* Wrongful Defendant Statute - Superior Court Denies Motion for Summary Judgment on Statute of Limitations
Grounds Where Subsequent Action was Brought Pursuant to C.G.S. §
52-593
* Deposition Venues -
Superior Court Holds That Out-of-state Defendant And His Non-party Wife Cannot be Compelled to Come to Connecticut for
Depositions
* Trespass - Superior Court Classifies Plaintiff As A Trespasser Because
She Parked Her Vehicle in An Unauthorized Spot while Visiting Her Friend At A Condominium Complex
* Employment
Discrimination - Connecticut Supreme Court Holds That Discrimination Claim Fails As A Matter of Law Due to the Existence of
A Non-discriminatory Reason for Employer's Action
* Bystander Emotional Distress - Superior Court Strikes Bystander
Emotional Distress Claim Finding That the "Closely Related" Element for the Claim Had Not Been Met
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Category: GENERAL
Issue: January 2005 Download PDF
Topics covered include:
* Bystander Emotional Distress-Superior Court Denies Motion to Strike Emotional Distress Claim of Mother for Negligent Treatment of Her Fetus during Birth
* Negligence-Superior Court Grants Summary Judgment in Favor of Stationary Middle Vehicle in Three Vehicle Accident
* Expert Fees
* Independent Medical Exam
* Apportionment
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Category: GENERAL
Issue: October 2004 Download PDF
Topics covered include:
* Statute of Limitations--Supreme Court Extends Two Year Statute of Limitations When Tortfeasor is Unknown
* Collateral Source Setoffs--Two Recent Decisions Discuss Whether A Plaintiff Can Benefit When A Health Care Provider Accepts Partial Payment
* Apportionment
* Liability Waivers
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Category: GENERAL
Issue: August/September 2004 Download PDF
Topics covered include:
* Court Trial
* Emotional Distress
* Underinsured Motorist-Recovery Limited to Policy Limit Less Setoffs
* Trial Issues-Superior Court Decision Addresses Trial and Post-Trial Issues
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Category: GENERAL
Issue: June/July 2004 Download PDF
Topics covered include:
* Uninsured Motorist
* Independent Medical Examination
* Agency
* Subrogation-Supreme Court Holds That Insurer Can Subrogate against Negligent Houseguest of Insured
* Insurance Coverage-Supreme Court Reverses Summary Judgment for Insurer Where There is Question of Fact as to Insured's State of Mind
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Category: GENERAL
Issue: May 2004 Download PDF
Topics covered include:
* Lessor Liability
* Apportionment
* Workers' Compensation Exclusivity
* Collateral Source Setoff-Supreme Court Further Clarifies Procedure for Obtaining Collateral Source Setoff
* Duty to Defend and Indemnify-Supreme Court Holds No Duty to Indemnify Where Court Previously Found No Duty to Defend
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Category: GENERAL
Issue: April 2004 Download PDF
Topics covered include:
* Uninsured Motorist
* Expert Fees
* Trial-Appellate Court Holds That Jury Must Award Nominal Damages When Liability is Admitted
* HIPAA-Recent Health Insurance Act Showing Effect on Insurance Defense Litigation
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Category: GENERAL
Issue: February/March 2004 Download PDF
Topics covered include:
* Workers' Compensation Exclusivity
* Damages
* Loss of Consortium
* Additur-Appellate Court Upholds Additur by Trial Judge
* Firefighter's Rule-Supreme Court Clarifies that Firefighter's Rule Applies Only to Premises Liability Cases
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Category: GENERAL
Issue: January 2004 Download PDF
Topics covered include:
* Dog Bite
* Psychological Records
* Bad Faith-Court Permits Bill of Discovery to Obtain Testimony and Documents to Support Potential Bad Faith Claim
* Collateral Source-Supreme Court Holds Collateral Source Setoff Applies Only to Damages Specifically Awarded by Jury
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Category: GENERAL
Issue: November/December 2003 Download PDF
Topics covered include:
* Coverage
* Signed Release
* Legal Malpractice-Judge Can Assess Standard of Care in Absence of Expert Testimony
* Vicarious Liability-Owner of Motor Vehicle not Vicariously Liable for Punitive Damages
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Category: GENERAL
Issue: September 2003 Download PDF
Topics covered include:
* Med-Pay Coverage
* Workers' Compensation
* Contractor Liability
* Dram Shop Claims and Negligence-Amendment to Dram Shop Statute is Not Retroactive
* Legal Malpractice-Six-year Statute of Limitations Does Not Apply to Negligence Allegations
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Category: GENERAL
Issue: July/August 2003 Download PDF
Topics covered include:
* Coverage
* Employer Liability
* Lessor Liability
* Dram Shop-Amendments to Complaints Asserting Common Law Cause of Action Relate Back to Filing of Original Complaint
* Contractor Liability-General Contractor May Be Liable in Negligence to Employee of Subcontractor
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Category: GENERAL
Issue: June 2003 Download PDF
Topics covered include:
* Third-Party Bad Faith
* Coverage/Uninsured Motorist
* Uninsured Motorist-Two Recent Cases Address a Municipality's UM/UIM Coverage
* Offer of Judgment-Offer of Judgment Interest is Based on the Amount of the Jury Verdict before Payment of the Workers' Compensation Lien
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Category: GENERAL
Issue: May 2003 Download PDF
Topics covered include:
* Coverage
* Collateral Source
* Sidewalk Liability-Two Recent Superior Court Cases Address Liability for Abutting Sidewalks
* New Laws-Recently Passed Bills Indicate a Growing Trend of Overruling Supreme Court Case Law
* Legislative Update for the 2003 General Assembly
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Category: GENERAL
Issue: April 2003 Download PDF
Topics covered include:
* Bad Faith
* Collateral Source
* Summary Judgment
* Legal Malpractice
* Uninsured Motorist
* Lessor Liability-Superior Court Addresses Sufficiency of Claims against Lessor of Automobile
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Category: GENERAL
Issue: March 2003 Download PDF
Topics covered include:
* Duty to Defend and Indemnify
* Workers' Compensation
* Bad Faith
* Automotive Negligence-Two Superior Court Decisions Address When Owner of Motor Vehicle is not Liable
* Statute of Limitations-Negligence Statute Does Not Begin Run Until Plaintiff Knows Identity of Tortfeasor
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Category: GENERAL
Issue: February 2003 Download PDF
Topics covered include:
* Lessor Liability
* Direct Action
* Dog Bite
* Emotional Distress-Insurer Liable for Negligent Infliction of Emotional Distress in Handling of Fire Loss Claim
* Independent Contractors-Supreme Court Holds General Contractor Not Liable in Negligence to Employee of Subcontractor
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Category: GENERAL
Issue: February 2003 Special Edition Download PDF
Topics covered include:
* Dram Shop-Supreme Court Recognizes Common Law Cause of Action for Negligent Service of Alcohol
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Category: GENERAL
Issue: January 2003 Download PDF
Topics covered include:
* Dram Shop
* Defamation
* Auto Liability
* Premises Liability-Property Owner Can Be Liable for Defects on Adjoining Property
* Uninsured Motorist-Superior Court Discusses Applicable Deductions from UM Verdict
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Category: GENERAL
Issue: November/December 2002 Download PDF
Topics covered include:
* Emotional Distress
* Expert Testimony
* Statute of Limitations
* Uninsured Motorist-Arbitrators Free to Award More than Listed Policy Limits
* Workers Compensation Exclusivity-Two Recent Superior Court Cases Discuss The 'Substantial Certainty' Exception
* Subrogation-Insurance Company Cannot Subrogate Against Negligent Houseguest
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Category: GENERAL
Issue: October 2002 Download PDF
Topics covered include:
* Connecticut Unfair Trade Practices Act ('CUTPA')
* Ongoing Storm Defense
* Disability Payments
* Apportionment-Two Recent Superior Court Cases Address Apportionment Issues
* Collateral Source Setoff-Jury Verdict Should be Reduced by the Total of All Collateral Source Payments Received
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Category: GENERAL
Issue: September 2002 Download PDF
Topics covered include:
* Additur
* Declaratory Judgment
* Structured Settlements-Supreme Court Allows Claim Against Insurer Alleging Impropriety in Structured Settlements
* Highway Defect-Appellate Court Affirms Jury Verdict and Judgment for Defendant Municipality
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Category: GENERAL
Issue: July/August 2002 Download PDF
Topics covered include:
* Multiple Damages
* Lessor Liability
* Accidental Failure of Suit
* Duty to Defend-School Bus Driver's Discharge of Student into School Covered by Auto Liability Policy
* Uninsured Motorist-The Three-year Statute of Limitations for Underinsured Claims is Enforceable
* Pretrial Conferences-The Court Cannot Sanction an Insurer for Not Offering More Money to Settle a Case
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Category: GENERAL
Issue: June 2002 Download PDF
Topics covered include:
* Dram Shop
* Setoff
* Sovereign Immunity
* Coverage-Permissive Use Is Not Limited to Permission from the Owner of the Vehicle
* Landlord/Tenant-Lease Agreement Exempting Landlord from Liability for His Own Negligence is Valid
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Category: GENERAL
Issue: May 2002 Download PDF
Topics covered include:
* Coverage
* Waiver
* Firefighter's Rule-Two Recent Superior Court Cases Discuss the Firefighter's Rule
* Coverage-Plaintiff Can Recover in Direct Action against Insurer if Trial Court Makes Finding of Negligence
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Category: GENERAL
Issue: April 2002 Download PDF
Topics covered include:
* Release
* Failure To Render Assistance
* Bad Faith
* Uninsured Motorist-Deduction for Payments Received under Tortfeasor's Liability Coverage Includes Payments under Umbrella Policy
* Uninsured Motorist-Superior Court Addresses Apportionment and Setoffs in Uninsured Motorist Cases
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Category: GENERAL
Issue: March 2002 Download PDF
Topics covered include:
* Sidewalk Liability
* Independent Medical Exam
* Subrogation-Insurer Has No Right of Subrogation against Tenant for Fire Loss
* Third Party Bad Faith-Superior Court Refuses to Strike Third-Party Claims against Insurer
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Category: GENERAL
Issue: February 2002 Download PDF
Topics covered include:
* Subrogation
* Premises Liability
* Medical Malpractice-Test Set Forth for Distinguishing Medical Malpractice from Ordinary Negligence
* Slip and Fall-Snow Removal Contractor Owes Duty Directly to Plaintiff
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Category: GENERAL
Issue: January 2002 Download PDF
Topics covered include:
* Underinsured Motorist
* Sporting Injuries
* Premises Liability-Superior Court Finds a Duty to Warn of Hazards Off the Premises
* ERISA Liens-U.S. Supreme Court Addresses the Issue of ERISA Lien Paybacks
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Category: GENERAL
Issue: November/December 2001 Download PDF
Topics covered include:
* Loss of Consortium
* Medical Malpractice Verdict
* Excluded Driver Endorsement
* Legal Malpractice-Successor Attorney Cannot Be Brought into Legal Malpractice Action for Apportionment
* Premises Liability-Proving Notice in Premises Liability Cases
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Category: GENERAL
Issue: October 2001 Download PDF
Topics covered include:
* Connecticut Unfair Trade Practices Act ('CUTPA')
* Ongoing Storm Defense
* Disability Payments
* Apportionment-Two Recent Superior Court Cases Address Apportionment Issues
* Collateral Source Setoff-Jury Verdict Should be Reduced by the Total of All Collateral Source Payments Received
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Category: GENERAL
Issue: September 2001 Download PDF
Topics covered include:
* Apportionment
* Workers' Compensation
* Defective Highway Act-Municipality Has No Cause of Action for Indemnification against Abutting Landowner
* Uninsured Motorist-Listed Driver Not A Named Insured on Policy Is Not Covered by Uninsured Motorist Provisions
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Category: GENERAL
Issue: August 2001 Download PDF
Topics covered include:
* Workers' Compensation Exclusivity
* Damages
* Loss of Consortium
* Additur-Appellate Court Upholds Additur by Trial Judge
* Firefighter's Rule-Supreme Court Clarifies that Firefighter's Rule Applies Only to Premises Liability Cases
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Category: GENERAL
Issue: July 2001 Download PDF
Topics covered include:
* Enhanced Injury
* Jury Verdicts
* Uninsured Motorist-Supreme Court Holds Insurer Obligated to Pay Offer of Judgment Interest
* Jury Trials-Appellate Court Rules That Jury Verdict Forms Can Subdivide Categories of Damages
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Category: GENERAL
Issue: June 2001 Download PDF
Topics covered include:
* Insurance Agents
* Workers' Compensation Exclusivity
* Indemnification-Appellate Court Upholds Judgment of Common Law Indemnity Following Settlement of Underlying Case
* Uninsured Motorist-Appellate Court Holds Self-Insured Municipality Only Required to Provide Minimum Uninsured Motorist Coverage
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Category: GENERAL
Issue: April/May 2001 Download PDF
Topics covered include:
* Recreational Sports
* Uninsured Motorist
* Statutory Reckless-Appellate Court Finds Sufficient Evidence to Go to the Jury
* Wrongly Named Defendant-Appellate Court Addresses Application of the Wrongly Named Defendant Statute
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Category: GENERAL
Issue: March 2001 Download PDF
Topics covered include:
* Waiver
* Premises Liability
* Agency-Court Holds That Agency Relationship Exists between Owner and Driver of Car
* Bad Faith-Third Party Claimant Cannot Recover in Bad Faith against Insurer
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Category: GENERAL
Issue: February 2001 Download PDF
Topics covered include:
* Loss of Consortium
* Duty to Defend
* Vicarious Liability
* Excess Insurance-Superior Court Addresses the Duty Owed by a Primary Liability Insurer to an Excess Insurer
* Statute of Limitations-Two Recent Cases Address Statute of Limitations Issues in Underinsured Motorist Cases
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Category: GENERAL
Issue: January 2001 Download PDF
Topics covered include:
* Subrogation
* Premises Liability
* Medical Malpractice-Test Set Forth for Distinguishing Medical Malpractice from Ordinary Negligence
* Slip and Fall-Snow Removal Contractor Owes Duty Directly to Plaintiff
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Category: GENERAL
Issue: November/December 2000 Download PDF
Topics covered include:
* Dram Shop
* Apportionment
* Bad Faith
* Independent Medical Examination-Court Addresses Plaintiff's Right to Object Versus Defendant's Right to have the Plaintiff Examined
* Uninsured Motorist-Injuries Caused by Drive-by Shooting not Covered by Uninsured Motorist Coverage
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Category: GENERAL
Issue: October 2000 Download PDF
Topics covered include:
* Lessor Liability
* Sidewalk Liability
* Duty
* Bystander Emotional Distress-Split of Authority Remains over Recovery for Witnessing Medical Malpractice
* Discovery-Insurer's Investigation is Discoverable Where Late Notice is Raised as a Defense
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Category: GENERAL
Issue: September 2000 Download PDF
Topics covered include:
* Offer of Judgment Interest
* Consent To Settle
* Future Medical Expenses
* Uninsured Motor Vehicle-Self-insured municipality not required to provide uninsured motorist coverage for emergency vehicle
* Collateral Estoppel-Excess uninsured motorist carrier not collaterally estopped from relitigating issue of damages previously decided in arbitration against primary uninsured motorist carrier
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Category: GENERAL
Issue: August 2000 Download PDF
Topics covered include:
* Uninsured Motorist
* Lessor Liability
* Offer of Judgment Interest
* Underinsured Motorist-Six year statute of limitations begins to run when plaintiff's attorney receives settlement check in underlying case
* CUTPA-Failing to remove leaves from a common area may subject landlord and management company to damages under the Connecticut Unfair Trade Practices Act
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Category: GENERAL
Issue: June/July 2000 Download PDF
Topics covered include:
* Strict Liability
* Uninsured Motorist
* Lessor Liability
* Premises Liability-Possession and control are not the sole basis for liability due to defective premises
* Apportionment-Apportionment is not permitted against product sellers or unidentified persons
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Category: GENERAL
Issue: May 2000 Download PDF
Topics covered include:
* Self-Insured
* Remittitur
* Slip and Fall
* Uninsured Motorist-Apportionment Not Permitted in Uninsured Motorist Case
* Late Notice To Insurer-Plaintiff Suing an Insurance Company Has the Burden of Proving Insurance Company Not Prejudiced by Late Notice
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Category: GENERAL
Issue: April 2000 Download PDF
Topics covered include:
* Sovereign Immunity
* Sidewalk Liability
* Bad Faith-Two Superior Court Cases Address Sufficiency of Bad Faith Allegations
* Immunity and Expert Testimony-Supreme Court Orders New Trial in Case by Intern Who Contracted HIV Virus
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Category: GENERAL
Issue: March 2000 Download PDF
Topics covered include:
* Proximate Cause
* Declaratory Judgment
* Apportionment
* Duty to Defend-Emotional Distress Is Not A Claim for 'Bodily Injury' for Which Coverage Is Provided
* Damages-Speculative Expert Medical Testimony Must Be Precluded
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Category: GENERAL
Issue: February 2000 Download PDF
Topics covered include:
* Court Side Trials
* Coverage
* Priority of Coverage
* Additur-Supreme Court Overrules Per Se Rule Regarding Additur
* CUTPA-Superior Court Refuses to Strike CUTPA Claim Based on Insurance Company's Policy of Settling Cases
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Category: GENERAL
Issue: January 2000 Download PDF
Topics covered include:
* Multiple Damages
* Offer of Judgment
* Governmental Immunity
* Employer Liability-Employer Liable for Accident Caused by Intoxicated Employee Drinking at Employer-Sponsored Function
* Independent Medical Examination-Superior Court Discusses the Plaintiff's right to Object to a Physician
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