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| Anderson v. R & K Spero Co., AC 28625,
APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Workers' compensation review board's decision was affirmed as commissioner found that worker's compensation claimant's chiropractic treatments were not necessary under Conn. Gen. Stat. § 31-294d(a)(1) based on independent medical examiner's testimony that improvement could be explained by other reasons, including psychological encouragement.
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| Bobinski v. Kalinowski, AC 28066,
APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Plaintiff filed suit to foreclose a judgment lien on defendant's property; he filed a counterclaim seeking attorney's fees under Conn. Gen. Stat. § 49-51, based on plaintiff's refusal to remove an invalid lien. As trial court was in best position to determine amount of attorney's fees to award defendant under § 49-51, its ruling was not disturbed.
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| Caez v. Comm'r of Corr., AC 28277,
APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Denial of habeas petition was affirmed as inmate's Alford plea in robbery case was knowing and voluntary as prosecutor stated that agreement was for total effective sentence of 20 years of imprisonment, execution suspended after 9 years, with 5 years of probation. Inmate never disagreed with prosecutor's terms, or indicated that he was confused.
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| Cosgrove v. City of Waterbury, SC 17999,
SUPREME COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Disability pension awarded to a former police officer by a city retirement board--75 percent of his annual compensation at the time of his retirement--was proper, as it exceeded the contractual minimum that board was required to provide under the collective bargaining agreement: 50 percent of his annual compensation at the time of his retirement.
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| D'Auria v. Solomine, AC 27892,
APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Appeal was dismissed as claim against seller for deposit in real estate sale was claim under 11 U.S.C.S. § 101(5)(A) that was capable of being discharged under 11 U.S.C.S. § 727. Seller had been discharged under chapter 7 of United States Bankruptcy Code. Buyers were prohibited under 11 U.S.C.S. § 524 from enforcing debt owed to them by seller.
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| Dimmock v. Lawrence & Mem. Hosp., Inc., SC 18053, SC 18054,
SUPREME COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Defendants were properly granted summary judgment in medical malpractice action as proposed amendments to complaint did not relate back and were time barred and excluded expert testimony was not relevant to operative complaint as it was limited to failure to discuss and did not include opinion on whether defendants breached the standard of care.
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| Gentile v. Carneiro, AC 28165, AC 28270,
APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: In child support and custody action, trial court properly determined father's earning capacity was $ 75,000 and permissible entered a supplemental support order relating to commissions; however, supplemental order was reversed as it was based on gross, not net, commissions, and ordered father to pay excessive percentage of his future commissions.
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| Holmes v. Comm'r of Corr., AC 28050,
APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Denial of inmate's petition for certification to appeal denial of a second amended habeas petition was not an abuse of discretion. No jurist of reason could have found that first habeas counsel was ineffective in failing to include claim of trial counsel's conflict of interest; no relationship between trial counsel's friend and victim was shown.
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| Mankus v. Mankus, AC 28033,
APPELLATE COURT OF CONNECTICUT, May 13, 2008, Officially Released
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Overview: Workers' compensation (WC) board properly determined WC commissioner lacked subject matter jurisdiction over claim for benefits as fund's ability to challenge jurisdiction did not hinge on alleged employer doing so and presence at job and existence of contract for work was insufficient to compel finding brother employed applicant at time of injury.
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