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State Courts -
Connecticut - January 5, 2007
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Iturrino v. Frison, FA990117474,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, January 5, 2007, Decided , January 5, 2007, Filed
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Overview: A magistrate court exceeded its authority in imposing a "continuing purge" amount on defendant for failure to pay child support because, although the magistrate court could hold defendant in contempt under Conn. Gen. Stat. ? 46b-231(m)(7), it was improper to not allow defendant to purge a past contempt until he met all future obligations.
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James v. Hytros, CV054004985S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 5, 2007, Decided , January 5, 2007, Filed
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Overview: Conn. Gen. Stat. ? 52-102b did not allow for apportionment complaint against existing party. Apportionment complaint was inappropriate against driver because she was already a party. Because owner of driver's vehicle would only have been vicariously liable for driver's negligence, apportionment complaint against him was inappropriate as well.
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Jenkins v. Waterbury Probate, CV064010577S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 5, 2007, Decided , January 5, 2007, Filed
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Overview: When a limited guardian who was not related to the ward was removed under Conn. Gen. Stat. ? 45a-678, she did not have standing to appeal. Because she was not required to get notice under Conn. Gen. Stat. ? 45a-671, she could not complain of its sufficiency, and she was not classically aggrieved because she was not responsible for the ward.
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McLean v. McLean, FA054016763S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 5, 2007, Decided , January 5, 2007, Filed
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Overview: In a dissolution of marriage action, upon consideration of the proven facts, the parties' written agreement, and the wife's waiver of any claim to the husband's tanning salon business, in light of the statutory factors of Conn. Gen. Stat. ? 46b-81 regarding equitable division of property, the business was to remain in the husband's name.
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Phaneuf v. Berselli, CV055000167S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 5, 2007, Decided , January 5, 2007, Filed
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Overview: All indications were that driver of a truck should have been able to pass safely under bucket from which traffic light installer was working. Thus, while truck did in fact strike bucket, leading to installer's injuries, probable cause to believe installer would be successful in action against driver did not exist, and prejudgment remedy was denied.
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Phoenix Ins. Co. v. Town of Vernon, HHDX07CV044025148,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, January 5, 2007, Decided , January 5, 2007, Filed
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Overview: Trial court granted summary judgment to a lessor on a tenant's claim for property damages because the court found that an exculpatory clause in a commercial lease was clear and unambiguous, and Conn. Gen. Stat. ?? 52-572k and 47a-4, which prohibited exculpatory clauses, applied to construction contracts and residential leases, respectively.
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State v. Damato, HHDCR02126159T,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 5, 2007, Filed
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Overview: Following the trial court's canvass of defendant, the trial court found that defendant, pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ? 44-3, Conn. Gen. Prac. Book, R. App. P. ? 62-9A, and Conn. Const. art. I, ? 8, had intelligently, understandingly, and in a competent manner waived his right to the assistance of appellate counsel.
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Townsend v. Boclair, 4003463,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 5, 2007, Decided , January 5, 2007, Filed
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Overview: Summary judgment was granted in favor of Maine car rental companies under Me. Rev. Stat. Ann. tit. 29-A, ? 1652 in negligence action by passengers in rental car; most significant relationship test warranted application of statute over Conn. Gen. Stat. ? 14-154a as car was rented Maine, parties resided there, and statute could easily be applied.
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