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   State Courts - Connecticut - January 13, 2005

  
K&W Constr., LLC v. Frank Mercede & Sons, Inc., (X02)CV030177908S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 13, 2005, Decided
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Overview: Trial court granted summary judgment to a contractor on a subcontractor's claims that the contractor violated a settlement agreement, as the contractor had proved pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ? 17-46 that it had performed its duties to the subcontractor under the settlement agreement in question.

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Lawrence v. Presentation Design Group, LLC, CV030102086S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 13, 2005, Decided , January 13, 2005, Filed
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Overview: Where plaintiff failed to appear at her own deposition and did not give a good excuse for not appearing, the court refused to dismiss plaintiff's suit but ordered plaintiff to pay a monetary sanction to reflect the inconvenience caused by plaintiff's failure to appear and also ordered her to pay the amount of the court reporter fees expended.

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Marino v. Jackson, CV040103925S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, January 13, 2005, Decided , January 13, 2005, Filed
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Overview: Guest's premises liability complaint against property owner stated cause of action upon which relief could be granted where it alleged that property owner directed the guest, who was a guest at the owner's residence, to open door when the owner's estranged husband knocked and that the owner knew that husband had previously threatened to harm guest.

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Martin v. Luciano, CV020175678S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, January 13, 2005, Decided
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Overview: Because the car owner and driver misstated the court's orders in their special defense and answer, the court overruled the objection to the motion to revise and ordered the car owner and driver to revise their answer and special defense in light of the court's orders.

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Pantelopoulos v. Pantelopoulos, CV-04 0092446S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, January 13, 2005, Filed
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Overview: An intentional infliction of emotional distress claim was unavailable in both Connecticut, where an action was brought, and in New Jersey, where the alleged incident occurred, for a claim by an ex-husband that his ex-wife intentionally allowed their dog to die of starvation. Thus, the motion to strike that claim was granted.

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Pote v. Nationwide Mut. Ins. Co., CV040200157S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, January 13, 2005, Filed
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Overview: Insurance company's motion to strike an injured party's claims arising from an auto accident were granted; the insurer failed to show bad faith on the part of the insurer, or any violation of the Connecticut Unfair Trade Practices Act.

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Raymond v. Duffy, X04CV030102444S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, COMPLEX LITIGATION DOCKET AT NEW LONDON, January 13, 2005, Decided , January 13, 2005, Filed
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Overview: Although Dram Shop Act, as amended by 2003 Conn. Acts 91, legislatively overruled Craig v. Driscoll as it applied to sellers of alcohol, Craig remained good law in all other respects, and it impliedly recognized a right to sue social host who served alcohol to intoxicated person. Injured employee could sue employer who served alcohol to employees.

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Roncari Indus. v. Planning & Zoning Comm'n, CV020812881S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, January 13, 2005, Decided , January 13, 2005, Filed
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Overview: Amended zoning regulation that allowed valet parking in specific area and on specific properties was valid because it did not violate the uniformity requirement in Conn. Gen. Stat. ? 8-2(a); however, a clause in the regulation that purported to oust the jurisdiction of a zoning board of appeals to consider variances violated Conn. Gen. Stat. ? 8-6.

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