Connecticut, February, 2008, State Case law

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State Courts - Connecticut - February 26, 2008

Allen v. Cox, SC 17763, SUPREME COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: An injured person presented evidence that the cat owners' cat previously had attacked cats and that she was injured while trying to protect her cat from an attack. Accordingly, a genuine issue of material fact existed as to whether the injuries were foreseeable and the trial court erred in granting summary judgment in favor of the cat owners.

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Barber v. Skip Barber Racing Sch., LLC, AC 27684, APPELLATE COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: In an action filed by a race car driver and associates to recover money a new school owed them for use of a racing track, the evidence was sufficient to support the trial court's conclusion that the associates could not charge additional compensation for the use of a second autocross course because it was controlled by an asset purchase agreement.

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Bridgeport Fire Fighters Local 998 v. City of Bridgeport, AC 28031, APPELLATE COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: It was error to grant a union's application under Conn. Gen. Stat. ? 52-418(a) to vacate an arbitration award denying its grievance against a city because the state board of mediation and arbitration reasonably interpreted the issue the parties submitted to arbitration, and the board's analysis of the issue was tailored to reach a final award.

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Caruso v. City of Bridgeport, SC 18012, SUPREME COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: As a losing candidate failed to establish that, but for the winning candidate's actions, the outcome of the primary election might have been different where he asserted that there was severe understaffing of the polling places, the trial court properly denied a new election based on Conn. Gen. Stat. ?? 9-229 and 9-436 violations.

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Crawford v. Comm'r of Corr., SC 17882, SUPREME COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: An inmate's appeal of an order denying his petition for certification to appeal a judgment denying his habeas corpus petition was dismissed because he was not deprived of his right to effective assistance when he entered a plea of guilty under the Alford doctrine. Testimony that had no relevance to the inmate's culpability was properly excluded.

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Johnson v. Comm'r of Corr., SC 17883, SUPREME COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: Judgment was reversed as inmate's sentencing claim was procedurally defaulted, and he had not moved to withdraw guilty plea under Conn. Gen. Prac. Book, R. Super. Ct. ? 39-27(4), or challenged plea on appeal. Habeas court did not have to apply cause and prejudice test as Strickland test, as modified for guilty pleas, accomplished same result.

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Kramer v. Petisi, SC 17549, SUPREME COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: Judgment denying the buyer recovery for the realtor's negligent misrepresentation of the boundary lines of a property the buyer purchased from the realtor's clients was upheld because the appellate court properly concluded that the doctrine of comparative negligence applied to an action for negligent misrepresentation of a property boundary line.

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Lefebvre v. Zarka, AC 28374, APPELLATE COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: It was proper to grant a niece, nephew, and aunt summary judgment in a resident's malicious prosecution action because they produced evidence showing that they did not initiate the institution of criminal proceedings against the resident, and the resident offered no evidence to support his claim that they made false statements to public officials.

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Simmons-Cook v. City of Bridgeport, SC 18013, SUPREME COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: It was proper to rule that a candidate was not entitled to a new primary election in her action under Conn. Gen. Stat. ? 9-329a, alleging that voting officials violated election statutes before, during, and after the primary. A recount was the appropriate remedy because the candidate alleged a counting mistake under Conn. Gen. Stat. ? 9-329a(a)(2).

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State v. Bryant, AC 27581, APPELLATE COURT OF CONNECTICUT, February 26, 2008, Officially Released
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Overview: Officer's testimony indicting he was familiar with house where canine tracked defendant's scent because of execution of search warrant at house, the residence of another person, did not amount to improper admission of evidence in violation of right tot fair trial as evidence was not about defendant. Questions pertaining to identity were relevant.

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