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   State Courts - Connecticut - February 10, 2009

  
Brown v. United Techs. Corp., AC 29293, APPELLATE COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: Workers' compensation claimant was not entitled to benefits for injury sustained when she fell on employer's property while walking during lunch break; social-recreation exception in Conn. Gen. Stat. ? 31-275(16)(B)(i) barred coverage for the claimant's injury, as claimant was undisputedly engaged in "exercise" when she walked during lunch break.

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Caminis v. Troy, AC 28955, APPELLATE COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: As a trial court properly determined that property owners (POs) were not entitled to injunctive relief in a boundary dispute concerning littoral rights due to a finding of laches, the trial court erred in granting the POs' request for a declaratory judgment; that claim was also barred by the defense of laches.

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Clukey v. Sweeney, AC 29221, APPELLATE COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Gerlt v. Planning & Zoning Comm'n, SC 18149, SUPREME COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: It was error to dismiss a landowner's appeal of a zoning commission's approval of a developer's general plan of development because, while the general plan was not a site plan subject to Conn. Gen. Stat. ? 8-3(g), the zoning commission treated decisions underlying its approval of the general plan as final during subsequent site plan proceedings.

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Gerlt v. Planning & Zoning Comm'n, SC 18150, SUPREME COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: Objector was aggrieved and site plan approval was not invalid because easements had not been granted at the time of approval; however, trial court improperly rejected objector's claim that site plan approval was unlawful because commission's approval was premised on decisions that could not be reviewed following zoning commissions approval.

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In re Cheila R., AC 29151, APPELLATE COURT OF CONNECTICUT, February 10, 2009, Officially Released
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In re DeLeon J., SC 18228, SUPREME COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: With respect to a mother's petition for reinstatement as her minor child's guardian pursuant to Conn. Gen. Stat. ? 45a-611(a) and Conn. Gen. Prac. Book, R. Super. Ct. ? 35a-20, the mother was denied due process under U.S. Const. amend. XIV because the mother was not informed that the merits of her petition would be considered on a continued date.

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Martinelli v. Fusi, SC 17988, SUPREME COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: Neither the continuous course of conduct nor the continuing treatment doctrines tolled the Conn. Gen. Stat. ? 52-584 period of repose because patient had no reasonable expectation that treatment continued beyond February 2000 and periodontist had no actual awareness that conditions revealed by CT scan required further treatment or warning.

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O & G Indus. v. All Phase Enters., AC 28982, APPELLATE COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: As a subcontractor was found liable to the building contractor to indemnify it for the cost of a membrane roof, which was $ 152,771.50, and $ 14,441.55 was credited against the building contractor's damages, the subcontractor should have been ordered to indemnify the building contractor for $ 138,329.95, plus reasonable attorney's fees.

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State v. Jose G., SC 17973, SUPREME COURT OF CONNECTICUT, February 10, 2009, Officially Released
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Overview: It was proper to rule that defendant's objections at trial to evidence introduced through witnesses were insufficient to preserve his evidentiary claim on appeal that testimony regarding his prior sexual assaults of the victim had been improperly admitted when the objections were based on different legal theories than the one advanced on appeal.

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