Connecticut, June, 2008, State Case law

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State Courts - Connecticut - June 3, 2008

Artie's Auto Body, Inc. v. Hartford Fire Ins. Co., SC 17797, SUPREME COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Class certification to auto body shops and trade association was upheld as it was within trial court's discretion to find predominance requirement of Conn. Gen. Prac. Book, R. Super. Ct. ? 9-8 was met; plaintiffs showed generalized, class-wide evidence could be used to prove insurer engaged in unfair or deceptive acts causing ascertainable loss.

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Bednarz v. Eye Physicians of Cent. Conn., P.C., SC 17934, SUPREME COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: As a patient presented evidence from which one could infer that an ophthalmologist had actual knowledge of a prior CAT scan which showed evidence of brain tumors, there existed a genuine issue of material fact with respect to whether the period of repose under Conn. Gen. Stat. ? 52-584 was tolled by the ongoing failure to warn the patient.

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Bornemann v. Conn. Siting Council, SC 17984, SUPREME COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Plaintiffs' appeal of dismissal of petition for declaratory judgment was properly dismissed as moot after the cellular company that plaintiffs sought to prevent from constructing tower indicated it no longer was interested in constructing tower in subject site and siting counsel vacated approval of cellular company's petition to construct tower.

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City of New Haven v. God's Corner Church, Inc., AC 28052, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Dismissal of motion to determine debt was reversed as judgment of foreclosure by sale was not money judgment. Conn. Gen. Stat. ? 52-350d did not limit jurisdiction to address church's claims after its property had been redeemed as proceedings after judgment of foreclosure by sale were not Conn. Gen. Stat. ? 52-350a(15) postjudgment proceedings.

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DiCerto v. Jones, AC 28623, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Judgment was affirmed as net proceeds were properly divided in partition action under Conn. Gen. Stat. ? 52-502(b) as there was agreement prior to separation that partner was to pay for major home expenses without reimbursement from owner, even though initially there was no agreement as to reimbursement if parties were later to separate.

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Fanotto v. Inlands Wetlands Comm'n, AC 28405, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Denial of application for wetlands permit to build 20-lot subdivision was erroneous where landowners had shown through credible expert testimony that there was minimal intrusion to the wetlands and improvement to stability of property, and there was no credible evidence presented during public hearings to rebut findings of the landowners' expert.

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Gilmore v. Public Storage, Inc., AC 28148, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Judgment was reversed in improper disposal of stored items case as customers filed timely request for extension under Conn. Gen. Prac. Book, R. Super. Ct. ? 17-45 to respond to storage facility's summary judgment motion, which was automatically granted, but motion was heard on short calendar 20 days after extension was filed.

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HH East Parcel, LLC v. Handy & Harman, Inc., SC 18055, SUPREME COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Arbitration award enforcing liquidated damages clause in purchase and sale agreement was upheld as trial court properly deferred to arbitrator's factual findings in determining award did not violate public policy. Among other things, supreme court noted per diem clause was actively negotiated by the parties in an attempt to reach an agreement.

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Harris v. Comm'r of Corr., AC 28382, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Inmate was entitled to an evidentiary hearing on his fourth habeas petition alleging ineffective assistance of prior habeas counsel; because the inmate challenged the effectiveness of prior habeas counsel, the ground asserted was different from prior habeas petitions and the petition was not barred as successive or under doctrine of res judicata.

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Laser Contr., LLC v. Torrance Family Ltd. P'shp, AC 28802, APPELLATE COURT OF CONNECTICUT, June 3, 2008, Officially Released
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Overview: Services contractor performed on modular home qualified for statutory exception in ? 20-419(4)(A), as home was uninhabitable until electrical, plumbing, and heating services were completed after delivery. Defendants unjustly enriched themselves by selling property to third party without paying contractor for services that enhanced property's value.

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