Connecticut, May, 2008, State Case law

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State Courts - Connecticut - May 27, 2008

Bd. of Educ. v. Local R1-126, NAGE, AC 28804, APPELLATE COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: Judgment was affirmed as motion to vacate arbitration award was properly denied under Conn. Gen. Stat. ? 52-418(a)(4) as award ordered board of education to pay full-time employees for missed overtime opportunities during certain period of time, which fixed board's obligation in relation to union and guided how to fulfill that obligation.

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Breen v. Synthes-Stratec, Inc., AC 28215, APPELLATE COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: Jury in product liability action was properly charged on learned intermediary doctrine as doctrine applied to cases involving prescription implantable medical devices such as plates used to repair patient's leg. Surgeon was properly allowed to testify at to treatment and that he told patient it was race between patient's biology and plate breaking.

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Cabral v. Comm'r of Corr., AC 27929, APPELLATE COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: Inmate was not entitled to habeas relief for ineffective assistance of trial counsel as failure to call inmate to testify at suppression hearing was not prejudicial given strong evidence against him and challenge to recorded conversation on hearsay grounds would have been futile as evidence was admissible under Conn. Code Evid. R. 1-5(a).

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Cardinal Realty Investors, LLC v. Bernasconi, SC 18095, SUPREME COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: Judgment was reversed as to serious nuisance count under Conn. Gen. Stat. ? 47a-15(C) since there was no evidence that clutter in tenant's room contained particularly flammable items. It was not within ordinary knowledge that running three refrigerators in cluttered room, in and of itself, created immediate and serious fire hazard.

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Ertel v. Rocque, AC 27488, APPELLATE COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: Judgment was affirmed as owner did not have property interest in structure that was built in violation of permit. Owner's takings claim under Conn. Const. art. I, ? 11 failed as owner did not show that property interest was involved. Motion to dismiss based on sovereign immunity was properly granted.

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Ervin v. Avallone, AC 28515, APPELLATE COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: Judgment for landlord for unpaid rent was affirmed as landlord's prior summary process action was defeated by absence of smoke detector when notice to quit was served. Smoke detector was replaced, and remained in place during 10-month period for which tenant was liable for use and occupancy payments.

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Gaida v. Planning & Zoning Comm'n of Shelton, AC 28421, APPELLATE COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: Judgment amending zoning map was reversed as it was spot zoning and violated a town's police powers and Conn. Gen. Stat. ? 8-2 since the area was small in size, the zoning scheme was a mixture of commercial, light industrial, and residential properties, and removing the light industrial zone did not advance the zoning scheme.

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Gonzalez v. Comm'r of Corr., AC 28002, APPELLATE COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: Judgment was affirmed as plea counsel did not provide ineffective assistance of counsel for failing to present two female witnesses who vouched that inmate did not participate in assault as inmate did not make counsel aware of witnesses, nor present them to habeas court. Inmate was sentenced to 28 years, but faced potential 190-year sentence.

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Jarrett v. Comm'r of Corr., AC 28340, APPELLATE COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: Inmate was not entitled to habeas relief based on ineffective assistance of trial counsel, as inmate failed to present persuasive evidence he was not competent when he rejected plea offer; among other things, testimony was sufficient for the habeas court to have found inmate rejected plea offer because he wanted to explain himself to trial court.

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Monti v. Wenkert, SC 18028, SC 18029, SUPREME COURT OF CONNECTICUT, May 27, 2008, Officially Released
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Overview: In wrongful death action, trial court did not err in having jury reconsider noneconomic damages only. While verdict contingent settlement agreement between parents and psychiatrist should have been disclosed to doctor, error did not prejudice doctor as, inter alia, it did not create a more adversarial relationship between doctor and psychiatrist.

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