Connecticut, April, 2008, State Case law

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State Courts - Connecticut - April 1, 2008

Barrett v. Comm'r of Corr., AC 27796, APPELLATE COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: Judgment was affirmed as inmate's juror misconduct claim was not petition for new trial as petition was filed against Connecticut Commissioner of Correction, instead of against State as required by Conn. Const. amend. XXIII; pleading error could not be corrected under Conn. Gen. Stat. ? 52-123.

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City of New Haven v. AFSCME, Council 15, Local 530, AC 28321, APPELLATE COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: Trial court's judgment was reversed for purposes of Conn. Gen. Stat. ?? 52-417 and 418(a) as it could not substitute its judgment in collective bargaining agreement (CBA) grievance for that of arbitrator, who found that police chief unreasonably exercised right to assign work, merely because its interpretation of CBA differed from arbitrator's.

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Esposito v. Simkins Indus., SC 18019, SUPREME COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: Under Connecticut Insurance Guaranty Association Act, Conn. Gen. Stat. ?? 38a-836 through 38a-583, self-insured employer that was initially liable for workers' compensation claim as last insurer could seek apportionment, under Conn. Gen. Stat. ? 31-299b, against Connecticut Insurance Guaranty Association for insolvent insurer's share of benefits.

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Fillion v. Hannon, AC 28120, APPELLATE COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: Judgment was affirmed as owner admitted that she did not have permit to store motor home in front yard as preexisting nonconforming use, and that she had violated Farmington, Conn., Zoning Regs. art. IV, ? 9(C)(1)'s prohibition against storing motor home in driveway. Motor home was recreational vehicle under ? 9(C)(1).

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Fort Trumbull Conservancy, LLC v. Alves, SC 17826, SUPREME COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: Although complaint in action under Conn. Gen. Stat. ? 22a-16 contained no factual allegations of conduct causing unreasonable pollution or harm to state's natural resources, complaint was direct result of trial court's decision to overrule conservancy's objections to the development corporations's request to revise and thus, was dismissed in error.

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Grignano v. City of Milford, AC 27474, APPELLATE COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: In negligence suit, judgment was affirmed as City's actions regarding marina's patio were shielded by Conn. Gen. Stat. ? 52-577n(a)(2)(B) as Milford, Conn., Code of Ordinances ? 16-91(b) did not convert discretionary duties to inspect and maintain marinas into ministerial functions. Common law and ? 16-91(b) did not prescribe manner to perform.

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Hall v. Bergman, AC 26856, AC 26858, AC 27011, APPELLATE COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: In tort action, tenant could not challenge inconsistent jury forms after counsel approved of manner court handled problem, sending jury back for further deliberations. Trial court properly set aside the verdict as to landlord and ordered a new trial after the jury returned inconsistent verdict which found the landlord liable but awarded no damages.

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Levesque v. Bristol Hosp., SC 17666, SUPREME COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: In medical malpractice action arising from negligent delivery of child, trial court properly declined to instruct jury in accordance with request from father that was incorrect statement of applicable law. Conn. Gen. Prac. Book, R. Super. Ct. ? 13-4(3) required father to pay for time obstetrician's expert spent preparing for deposition with father.

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Misata v. Con-Way Transp. Servs., AC 27625, APPELLATE COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: In personal injury suit, judgment was affirmed as whether it was abuse of discretion to deny motion to open judgment was inextricably intertwined with underlying nonsuit under Conn. Gen. Prac. Book, R. Super. Ct. ? 13-14. Record was inadequate as no reasons were given for ruling that mother's responses did not comply with discovery order.

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State v. Corley, AC 27647, APPELLATE COURT OF CONNECTICUT, April 1, 2008, Officially Released
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Overview: Testimony about third party culpability was properly excluded where defendant's offer of proof was merely speculative. The evidence did nothing more than raise a mere suspicion that two others might have been involved; defendant failed to provide a direct connection between those men and the commission of the charged crimes.

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