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   State Courts - Connecticut - January 9, 2003

  
Alderman v. Scj, Inc., CV020460404S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 9, 2003, Decided , January 9, 2003, Filed
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Overview: Fraud count was stricken, as complaint failed to recite factual basis to support common-law fraud elements or to support conclusion that lessor fraudulently induced lessee to sign five-year automobile lease. CUTPA count failed under "cigarette rule."

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Collins v. Anthem Health Plans, Inc., X01CV990156198S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 9, 2003, Filed
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Overview: A physician could not direct the insurer to voluminous deposition transcripts, without identifying the page on which the responsive material appeared. Also, his response of "pending" to requests for production made two years earlier was evasive.

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Collins v. Anthem Health Plans, Inc., X01CV990156198S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 9, 2003, Decided , January 9, 2003, Filed
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Overview: Doctor's blanket reference to his deposition transcript in response to interrogatories was unresponsive; he had to identify specific parts of transcript where information was found. Responses had to be based on doctor's knowledge, not his counsel's.

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Comm'r of Transp. v. Camp Leonard-Leonore Corp., CV010085354S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 9, 2003, Filed
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Overview: The highest and best use of the property was as an open space, as opposed to a storage area for sand and gravel. Thus, the commissioner's award of damages in the amount of $ 1,000 was proper for the taking of the 0.44-acre parcel.

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Cook v. Saini, CV000801165, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 9, 2003, Decided , January 9, 2003, Filed
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Overview: Doctor's expert disclosure in medical malpractice suit was deficient, as it did not state substance or grounds of expert's opinion; it was also untimely. To avoid prejudice to patient, expert's testimony would be precluded absent a proper disclosure.

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Dana Inv. Corp. Bankruptcy Estate v. Robinson & Cole, X03CV020515043S, SUPERIOR COURT OF CONNECTICUT, January 9, 2003, Filed
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Overview: It was the bankruptcy trustee who owned the claim of a bankrupt corporation, not the bankruptcy estate. The trustee, not the estate, was the real party in interest, and the court was without jurisdiction to consider a suit brought by the estate.

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Dennis v. Nu-Baron's Cafe, CV990362303S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 9, 2003, Decided , January 9, 2003, Filed
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Overview: Where the wife was injured as a result of an accident caused by an intoxicated person who had been served alcohol by a cafe and its owner, the wife and her husband suffered economic and/or non-economic damages.

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Ford v. Anderson, CV000804029, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 9, 2003, Filed
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Overview: Rape victim's breach of contract count was stricken, as contract for sex and her silence was illegal. Related promissory estoppel claim was similarly stricken, but rape was outrageous and supported intentional infliction of emotional distress claim.

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Josey v. George, CV010810269, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 9, 2003, Decided , January 9, 2003, Filed
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Overview: Although partner interfered with promoter's contractual rights by working with certain recording artists after terminating partnership, promoter was not damaged. Partner had to provide the promoter with profit and loss statement for parties' company.

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Lusa v. Racine, CV020079380S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, January 9, 2003, Decided , January 9, 2003, Filed
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