Connecticut, April, 2009, State Case law

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State Courts - Connecticut - April 7, 2009

Centimark Corp. v. Vill. Manor Assocs. Ltd. P'ship, AC 29012, APPELLATE COURT OF CONNECTICUT, April 7, 2009, Officially Released
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Overview: As expert witness fees for roofing consulting fees were not included in Conn. Gen. Stat. ? 52-260, the property owner was not entitled to expert witness fees with respect to its Connecticut Unfair Trade Practices Act claim.

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Hamlin v. Comm'r of Corr., AC 29455, APPELLATE COURT OF CONNECTICUT, April 7, 2009, Officially Released
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Overview: As a prisoner failed to establish a reasonable probability that had trial counsel cross-examined a witness the outcome of the trial would have been different, the habeas corpus petition was properly dismissed.

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State v. R.K.C., AC 28834, APPELLATE COURT OF CONNECTICUT, April 7, 2009, Officially Released
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Overview: Because the testimony of the victim's maternal aunt and a sexual abuse expert complied with the requirements of DeJesus and Ramirez, they were properly admitted; because the State's use of hypothetical questions conformed with Conn. Code Evid. R. 7-4(c), the trial court properly denied defendant's motion to preclude the evidence.

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State v. Stuart, AC 27703, APPELLATE COURT OF CONNECTICUT, April 7, 2009, Officially Released
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Overview: Submission to jury of exhibits not entered into evidence did not require mistrial on ground that defendant's right to impartial jury under Conn. Const. art. I, ? 8 and Sixth Amendment to the United States Constitution was violated; right to fair trial was not compromised nor was he prejudiced, as contents were referenced and described at length.

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Tutko v. Goodman, AC 29494, APPELLATE COURT OF CONNECTICUT, April 7, 2009, Officially Released
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Overview: Passenger's appellate claim that the trial court improperly granted insurer's motion to preclude the testimony of passenger's treating orthopedic surgeon was irrelevant because, in returning a defense verdict in the passenger's claim for underinsured motorist benefits, the jury never reached the issue of causation of his injury or damages.

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Votre v. County Obstetrics & Gynecology Group, P.C., AC 29010, APPELLATE COURT OF CONNECTICUT, April 7, 2009, Officially Released
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Overview: As a patient's claim was of a specialized medical nature because it directly involved the patient's medical condition, and a jury would require expert medical testimony, the action was properly dismissed due to the failure to file a written opinion of a similar heath care provider pursuant to Conn. Gen. Stat. ? 52a-190a.

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Wucik v. Planning & Zoning Comm'n of Preston, AC 29091, APPELLATE COURT OF CONNECTICUT, April 7, 2009, Officially Released
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Overview: Because the neighbors' allegation that they were statutorily aggrieved in accordance with Conn. Gen. Stat. ? 8-8(a)(1) was a mere conclusory statement devoid of any specific factual allegations, their appeal of a planning and zoning commission decision was properly dismissed for lack of subject matter jurisdiction.

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