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| Avenoso v. Mangan, CV054009152,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Summary judgment was granted to volunteer soccer coach in negligence suit brought by child after coach fell on child and injured him because coach was immune under ¿ 14503 of the Volunteer Protection Act, 42 U.S.C.S. ¿ 14501 et seq., but nonprofit soccer team was not immune as Act's immunity extended only to the nonprofit organization's volunteer.
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| City of Milford v. Coppola Constr. Co., AC 26106,
APPELLATE COURT OF CONNECTICUT, February 14, 2006, Officially Released
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Overview: A trial court properly upheld an arbitrator's award of damages to a contractor after a city canceled the parties' contract because the arbitrator, in awarding damages for idle equipment and unused materials, did not award consequential damages that were not arbitrable, but general damages, which were arbitrable; award conformed to the submission.
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| Concepcion v. Caban, FA900308116S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: The dismissal of the State's appeal from the dismissal of a mother's action for child support from the father was proper where the State's separation of powers argument failed because the State failed to establish that the magistrate interfered with a function that had been assigned exclusively to the office of the attorney general.
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| FCM Group, Inc. v. Miller, FSTCV000177754,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: In an action involving a dispute with homeowners, a building contractor was not entitled to attorney's fees under Conn. Gen. Stat. ¿ 52-249 because two mechanic's liens on the relevant property were not foreclosed and, thus, ¿ 52-249 was inapplicable. No contractual basis for an award of fees was alleged.
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| Ferris v. Faford, AC 25145,
APPELLATE COURT OF CONNECTICUT, February 14, 2006, Officially Released
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Overview: In action by State against defendants alleging that they failed to offer for probate a 1993 will of the decedent and instead offered a 1973 will, court did not abuse its discretion in admitting into evidence affidavit under residual exception to hearsay rule, Conn. Code Evid. R. 8-9, where the 84-year-old affiant's subsequent stroke was unexpected.
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| Fuller v. Comm'r of Corr., AC 26017,
APPELLATE COURT OF CONNECTICUT, February 14, 2006, Officially Released
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Overview: Where an abuse of the writ of habeas corpus by raising issues that had been raised in an earlier petition was established, a petition for certification to appeal was properly denied, as the inmate failed to show any issues about which reasonable jurists could disagree.
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| Heller v. D. W. Fish Realty Co., AC 25624, AC 26102,
APPELLATE COURT OF CONNECTICUT, February 14, 2006, Officially Released
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Overview: Appellate court reversed the denial of plaintiffs' motion for attorney's fees because plaintiffs filed a claim pursuant to Connecticut Unfair Trade Practices Act (CUTPA), Conn. Gen. Stat. ¿ 42-110a et seq., and thus, were entitled to attorney's fees pursuant to Conn. Gen. Stat. ¿¿42-110g.
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| LV Constr. Co. v. Pro Con, Inc., CV030479368S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Summary judgment was denied in construction contract case where there were material fact issues as to whether, despite defects in workmanship asserted by corporation, contractor substantially performed, and whether repair work for which contractor sought payment was related to the construction defects identified by the corporation.
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| Lawson v. Lawson, FA000435553S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Upon a husband's exercise of bad faith in refusing to comply with the court's prior award of alimony, by voluntarily reducing his income to pursue his dream of becoming a pastor, and considering the husband's earning capacity, the wife's motion for contempt was granted. Further, upon the same evidence, the wife was awarded attorney's fees.
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| Mitchell v. Comm'r of Corr., AC 25164,
APPELLATE COURT OF CONNECTICUT, February 14, 2006, Officially Released
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Overview: Trial court abused its discretion under Conn. Gen. Stat. ¿ 52-470(a) when it dismissed an inmate's second habeas corpus petition without a hearing, even if an actual innocence claim was premature due to the lack of the DNA test results, because petitioner was entitled to a hearing on his newly raised ineffective assistance of counsel claim.
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