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   State Courts - Connecticut - February 7, 2006

  
Aselton v. Town of East Hartford, SC 17383, SUPREME COURT OF CONNECTICUT, February 7, 2006, Officially Released
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Overview: The state created danger theory of liability, requiring conduct that rose to the level of conscience shocking, was adopted in a wrongful death case and, summary judgment in favor of a town and its police department was upheld since dispatch employees had no intent to cause the death of an officer responding to a 911 check welfare call.

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Calder v. Lufkin, 14872, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, GEOGRAPHICAL AREA 21 AT NORWICH, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Because a landlord did not inventory a tenant's possessions and personal effects left in the premises and did not keep them for at least 30 days before disposing of them, the landlord did not comply with Conn. Gen. Stat. § 47a-11b(b); pursuant to Conn. Gen. Stat. § 47a-43, the landlord was ordered to pay damages to the tenant for the loss.

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Camacho v. Camacho, FA040129697, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, February 7, 2006, Filed
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Overview: In marital dissolution action, the court ordered the husband to pay to the wife as child support pursuant to Conn. Gen. Stat. § 46b-84 the sum of $ 50 per week for both children where it was equitable and appropriate to deviate from the child support guidelines based upon the coordination of total family support and other financial orders entered.

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Comm'r of Transp. of Conn. v. Duda, CV040092366S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 7, 2006, Filed
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Overview: Property owner's request for additional compensation in relation to the condemnation of property was granted, as the owner was entitled to the value of an easement, signs, and temporary use of the remainder of the property as part of the partial taking of the land.

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Denison v. Denison, FA054002588S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NORWICH, February 7, 2006, Filed
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Overview: Since the court did not assess any fault one way or the other as to the husband and wife, who both had three children prior to the marriage, the court did not use fault in its calculations as to property and alimony.

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East Greyrock, LLC v. OBC Assocs., X08CV044002173S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, COMPLEX LITIGATION DOCKET, AT STAMFORD, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Court struck real estate buyers' claims for damages under Connecticut Transfer of Establishments Act, Conn. Gen. Stat. § 22a-134b, because it only allowed actions by transferee who was owed disclosure and not subsequent transferees; also, storage of hazardous material was not per se a dangerous activity to impose recklessness or strict liability.

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Freire v. Student, CV054011637S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 7, 2006, Filed
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Overview: Service on motor vehicles commissioner pursuant to Conn. Gen. Stat. § 52-62 was improper where other driver in traffic accident was indisputably a state resident; proper service on administratrix of the other driver's estate was provided under Conn. Gen. Stat. § 52-61; failure of service warranted dismissal for lack of personal jurisdiction.

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Gaulin v. Gaulin, FA064014274, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 7, 2006, Decided , February 7, 2006, Filed
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Goodspeed Airport v. Town of East Haddam, CV040104527S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Trial court found that it was not clear from the evidence introduced whether each relevant condition recited in Conn. Gen. Stat. § 12-107e had been met, and, thus, the merits of the airport's application to classify part of its land as open space, and valuation of the land, had to be set down for trial.

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Jacewicz v. DeFilippo, CV044001582, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Even though a licensee had already served two periods of suspension under Conn. Gen. Stat. §§ 14-227a, 14-227b from the Connecticut Department of Motor Vehicles in connection with a driving under the influence case, a motion to dismiss was denied because, although the controversy was moot, it was capable of repetition, yet evading review.

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