Connecticut, March, 2008, State Case law

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State Courts - Connecticut - March 25, 2008

Auster v. Norwalk United Methodist Church, SC 17672, SUPREME COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: It was proper to reverse a judgment rendered for a guest in her action against an employer under Conn. Gen. Stat. ? 22-357 to recover damages for injuries she sustained when an employee's dog bit her because the guest failed to establish that the owner was a keeper of the dog. There was no evidence that the employer exerted control over the dog.

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Baron v. Culver & Assocs., LLC, AC 28551, APPELLATE COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: Judgment was affirmed as evidence supported findings that contract existed between parties and that contractor breached it by refusing to pay subcontractor as contractor did not alleged that subcontractor's work was bad or incomplete until after subcontractor brought suit for payment.

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Dawson v. Comm'r of Corr., AC 27528, APPELLATE COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: Judgment was affirmed as inmate did not receive ineffective assistance with respect to inmate's motion to withdraw his guilty pleas as when inmate pled guilty, he had not been arraigned on subsequent arrest, and counsel had not yet been appointed as inmate's attorney on that file. That file was not intended to be part of Garvin agreement.

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Intercity Dev., LLC v. Andrade, SC 17848, SC 17849, SUPREME COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: Intermediate court's judgment was reversed as property owners never contested contractor's calculation of mechanic's lien at trial, and appellate review of owners' claim as to method of valuation of mechanic's lien should have been declined. Claim was not preserved under Conn. Gen. Prac. Book, R. Super. Ct. ? 60-5.

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Megin v. Zoning Bd. of Appeals , AC 27947, APPELLATE COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: The decision of a zoning board of appeals to uphold a cease and desist order was properly affirmed because a landowner's right to fundamental fairness was not violated by a land use inspector's participation in the board's deliberations. The inspector provided no additional information and offered no fact or evidence that was not already of record.

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Nikituk v. Field Co. Builders, LLC , AC 27999, APPELLATE COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: Trial court properly confirmed an arbitration award entered for homeowners in their action against a contractor because the contractor failed to establish that the arbitrator showed a manifest disregard of the law in calculating damages. The arbitrator properly awarded damages on the basis of the homeowners' cost to repair defective flooring.

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Salgado v. Comm'r of Transp., AC 28142, APPELLATE COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: It was improper to deny a motion to dismiss a trailer owner's defective highway action against former commissioners of transportation because the owner failed to provide adequate notice of its claim under Conn. Gen. Stat. ? 13a-144. A driver's notice of a personal injury claim did not give the commissioners notice of the owner's claim.

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State v. Betancourt, AC 27955, APPELLATE COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: Evidence defendant bound victim's hands and feet with duct tape to steal victim's guns was sufficient to support convictions for kidnapping, burglary, robbery, and conspiracy to commit burglary and robbery. Arguments from facts in evidence and request jury draw reasonable inferences from those facts did not amount to prosecutorial impropriety.

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State v. DeVivo, AC 28304, APPELLATE COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: It was proper to deny defendant's motion to dismiss his guilty plea on the ground of lack of jurisdiction because defendant moved to withdraw his guilty plea after sentencing and two years after he had completed his sentence. The trial court properly looked to a supreme court cause to determine that it had not jurisdiction to decide the motion.

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State v. Kimble, AC 26992, APPELLATE COURT OF CONNECTICUT, March 25, 2008, Officially Released
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Overview: Motion to suppress was properly denied where gun was in plain view when officer approached open car door and thus, no search in connection with seizure occurred. Defendant was not seized until after he fled parked car; flight and inaccurate responses by driver gave officer articulable facts to render defendant's seizure constitutionally reasonable.

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