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   State Courts - Connecticut - January 13, 2004

  
Evans v. Dep't of Soc. Servs., AC 23434, APPELLATE COURT OF CONNECTICUT, January 13, 2004, Officially Released
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Overview: Where claimant was in coma and no one else was able to access his individual retirement account, account could not be considered in determining claimant's eligibility under general assistance program, as account was beyond claimant's control.

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Greene v. Thornton, FA030069920, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, January 13, 2004, Filed
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Overview: The allegations in a grandfather's complaint were not sufficient to invoke the court's jurisdiction to determine visitation. The allegations were silent as to the mother's fitness and were conclusory and non-specific as to the "substantial harm."

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In re Haley B., AC 22274, APPELLATE COURT OF CONNECTICUT, January 13, 2004, Officially Released
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Overview: Given the grandmother's failure to comply with the department of children and families' guidelines, it was in the best interest of the child that guardianship remain with the commissioner of children and families.

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Jones v. Kramer, SC 16872, SUPREME COURT OF CONNECTICUT, January 13, 2004, Officially Released
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Overview: A trial court erred in reducing a jury's award in a personal injury action based on collateral source payments because the jury awarded economic damages without delineating the amount awarded for each specific item of damages.

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Labbe v. St. Vincent Med. Ctr., CV020397829, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 13, 2004, Decided , January 13, 2004, Filed
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Overview: Where an employee allowed both a judicial and an administrative action against the employer to proceed simultaneously for five months, the employee did not make a good faith effort to exhaust her administrative remedy.

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Lauria v. W. Rock Health, Inc., CV03082278, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, January 13, 2004, Decided , January 13, 2004, Filed
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Overview: A motion to strike was granted where a patient failed to file a good faith certificate in suing a health care provider for medical malpractice. The motion was denied where the patient properly asserted a claim for ordinary negligence.

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Lyke v. Cianciolo, CV020395810, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 13, 2004, Filed
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Overview: Driver's motion to set aside a verdict in favor of an injured party in a personal injury action or for a remittitur was denied; the judgment in favor of the injured party properly included medical bills for palliative care and treatment.

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Martel Enters. v. Szpak, CV010096005, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 13, 2004, Decided , January 13, 2004, Filed
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Overview: A corporation and builders were awarded damages and interest where the consumer did not pay for work as agreed by the parties' sons, but allowed to work to continue without payment, while trying to take advantage of the trust in her son's friendship.

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Masonic Healthcare v. Latham, CV030479031S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, January 13, 2004, Decided , January 13, 2004, Filed
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Overview: A conservator's motion to strike a care center's complaint for monies spent for care provided to the conservator's ward, who had since died, was denied because a claim for a breach of fiduciary duty during the ward's life was not precluded.

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McCart v. City of Shelton, AC 23694, APPELLATE COURT OF CONNECTICUT, January 13, 2004, Officially Released
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Overview: Where 73 property owners challenged city's assessments for installation of sewers as being too high, owners were improperly joined. There was no common question of law or fact because owners had to provide individual evidence on each property.

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