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| Juchniewicz v. Bridgeport Hosp., (SC 17345),
SUPREME COURT OF CONNECTICUT, January 9, 2007, Officially Released
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Overview: Conn. Gen. Stat. § 52-114 shifted the burden of proof on the issue of decedent's contributory negligence from the executor, upon whom it rested under common law, to the physician, but, contrary to the executor's claim, the statute did not entitle the executor to a jury charge that his decedent was presumed to be in the exercise of ordinary care.
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| Lagassey v. State, (SC 17603),
SUPREME COURT OF CONNECTICUT, January 9, 2007, Officially Released
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Overview: A trial court properly granted the State summary judgment on a wrongful death claim where it properly construed Conn. Gen. Stat. § 4-160(d) to mean that the two-year limitations period was only suspended when plaintiff filed a notice of claim pursuant to Conn. Gen. Stat. § 4-141 et seq.; it did not begin anew after permission to sue was granted.
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| Martin v. Martin, AC 26735,
APPELLATE COURT OF CONNECTICUT, January 9, 2007, Officially Released
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Overview: Ordering the sale of a marital home was proper. Ascribing a current value to it in combination with an order to sell it was proper under Conn. Gen. Stat. § 46b-81, and although neither party had requested the sale, the trial court had the statutory authority to sell the home when it concluded that this was the most equitable means of distribution.
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| Pearson v. Czekaj, CV054003253,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: Dog owners' summary judgment claim that mother and child were keepers of owners' dog when it bit the child so they could not recover against owners under Conn. Gen. Stat. § 22-357, failed; while mother, who had kept dog, walking and feeding him for four days, was a keeper, same could not be said for child and the statute's application was unclear.
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| Sandquist v. Shaw, CV000504565S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: Driver's action in putting a car in reverse when another individual pointed a gun at him, leading to the discharge of the gun and injury to the passenger, was not negligent operation of a motor vehicle, and was not the basis of the a valid vicarious liability claim against the owner of the motor vehicle pursuant to Conn. Gen. Stat. § 52-183.
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| Skakel v. State, CV054006524S,
SUPERIOR COURT OF CONNECTICUT, January 9, 2007, Filed
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Overview: In civil action to obtain new trial in criminal case, petitioner was permitted to assert his Fifth Amendment privilege against self-incrimination because it would be illogical to find petitioner had no such right in instant case and then, if he was successful, to have statements in deposition available to be used against him in a new criminal case.
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| State v. Bletsch, (SC 17340),
SUPREME COURT OF CONNECTICUT, January 9, 2007, Officially Released
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Overview: A trial court reasonably denied defendant's motion for an exemption from the Connecticut sex offender registry, pursuant to Conn. Gen. Stat. § 54-251(a), since the findings that the offender was younger than 19 and posed no risk to public safety merely allowed the trial court to consider whether to exempt defendant from the registry.
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| State v. Rosario, AC 27374,
APPELLATE COURT OF CONNECTICUT, January 9, 2007, Officially Released
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Overview: A trial court did not abuse its discretion by admitting evidence pertaining to defendant's prior possession of a handgun at his trial for attempted murder and assault as the testimony of the witness indicated that a shell casing from the same .45 caliber handgun was recovered near the victim and the evidence was relevant.
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| State v. Smith, AC 25486,
APPELLATE COURT OF CONNECTICUT, January 9, 2007, Officially Released
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Overview: Evidence of prior uncharged misconduct was properly admitted where it was related to defendant's abusive conduct and, thus, highly probative, and trial court minimized any potential prejudice by giving the jury detailed limiting instructions as to the role the evidence was to play in deliberations. Evidence was sufficient to support convictions.
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