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   State Courts - Connecticut - January 25, 2007

  
Baron v. Culver & Assocs., LLC, 4004384, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: Evidence, including general contractor's acknowledgement that a carpenter was entitled to a final payment for subcontracting work he did and that no complaints were made about carpenter's work were made until after he filed suit to recover the payment, was sufficient to prove the carpenter's case. Judgment was entered in his favor.

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Damotta v. Damotta, FA064015517S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 25, 2007, Filed
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Overview: A trial court determined that parties' marriage had broken down irretrievably through their equal fault, and accordingly, it dissolved the marriage; ancillary orders regarding custody, visitation, support, and property distribution were made.

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DiBenedetto v. DiBenedetto, FA064016439S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 25, 2007, Filed
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Overview: Parties' marriage was dissolved based on an irretrievable breakdown. Based on the factors in Conn. Gen. Stat. 46b-81(c), the court awarded child support until May 29, 2007, of $200 per week for the parties' adult handicapped child and awarded alimony to the wife of $300 per week.

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Faulkner v. Lopez, HHBCV01511200, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: Since a gun owner stated under oath that he properly secured a gun, that he had no knowledge that it had been stolen until after the injured persons were shot with it, and the injured persons could not merely suggest that his affidavit that he did not know of the shooter's violent propensities was untrue, summary judgment was granted in his favor.

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Freidheim v. Hammersmith Design, LLC, FSTCV065002698S, SUPERIOR COURT OF CONNECTICUT, January 25, 2007, Decided , January 25, 2007, Filed
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Lawrence v. Sodexho, Inc., CV065001264, CV065001009, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: A university's motion to strike a corporation's indemnity cross complaint was denied in a negligence suit arising from a pedestrian being struck because the corporation adequately alleged the university breached an indemnity provision and, if the pedestrian proved liability under Conn. Gen. Stat. § 52-183, a right to pursue indemnification existed.

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Liberty Mut. Ins. Co. v. Lone Star Indus., Inc., X02CV044001208S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: An insurer seeking contribution from its insured and other insurers for silicosis claims it had paid was denied summary judgment, as there was a genuine issue of fact as to the reasonableness of defense costs. Attorneys' hourly rates, the nature of the litigation, and the general work performed were subjects for an expert to offer an opinion.

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Mobile Homes by Delafield v. Doner, HHBCV065001586S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 25, 2007, Decided
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Overview: Trial court granted mobile home buyer's motion to strike mobile home seller's second prayer for relief, seeking return "of its property" in mobile home buyer's possession based on alleged unpaid balance; such relief could not be granted, as Conn. Gen. Stat. § 42a-2-401 dictated that because delivery occurred and title passed to mobile home buyer.

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Santorso v. Bristol Hosp., CV065001663, Opinion No.: 96890, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: Although a patient who asserted medical negligence claims against a hospital and treating physicians failed to initially attach a good faith certificate and a written opinion of a similar healthcare provider to the complaint, as required by Conn. Gen. Stat. § 52-190a(a), as amended by 2005 Conn. Acts 275, § 2(a), dismissal was not required.

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State v. Marsh & McLennan Cos., X05CV054004360S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, COMPLEX LITIGATION DOCKET, AT STAMFORD, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: Companies' motion to strike was granted as to the State's claim under the doctrine of parens patriae seeking damages to the general economy of the State of Connecticut pursuant to Conn. Gen. Stat. § 35-32(c)(2), because in light of relevant federal precedent, economic damages did not fall within the rubric of the statute.

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