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State Courts -
Connecticut - February 2, 2005
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Rinehart v. Kozera, CV040408777,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 2, 2005, Decided , February 2, 2005, Filed
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Overview: Motorcycle passenger could not use Conn. Gen. Stat. ??52-592 to save personal injury action because it was barred by res judicata; summary judgment in first action on claim was on the merits, it involved the same claim, the passenger had ample opportunity to litigate the claim, and she was not prevented from appealing prior summary judgment order.
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Saunders v. Haab, CV044000008S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 2, 2005, Decided , February 2, 2005, Filed
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Overview: Trial court granted the marina owner's Conn. Gen. Prac. Book, R. Super. Ct. ? 10-41 motion to strike as to injured party and spouse's breach of contract count as that count was merely an attempt to put a contract tag on a tort claim and as to two intentional infliction of emotional counts since case only involved a simple negligence claim.
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YMCA of N. Middlesex County v. City of Middletown, CV044000358, CV044000549,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 2, 2005, Decided , February 2, 2005, Filed
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Overview: Organization's arbitration award concerning ownership of profits from an urban renewal project was affirmed, and a city agency's motion pursuant to Conn. Gen. Stat. ? 52-418 to vacate the award was denied. The award did not violate public policy, and the arbitrator's award was issued in accordance with the parties' arbitration submission.
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Zaborowski v. Town of New Milford, CV040093025S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 2, 2005, Decided , February 2, 2005, Filed
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Overview: City's motion to strike a child's personal injury action seeking damages pursuant to Conn. Gen. Stat. ? 52-557n was granted; the city was immune, as the city's involvement in an after-school program at which the child was injured was discretionary and the child failed to show that any exception to the doctrine of sovereign immunity applied.
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