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   State Courts - Connecticut - February 21, 2007

  
BKM Enters. v. Budget Modular Workstations, Inc., CV054008900S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 21, 2007, Decided , February 21, 2007, Filed
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Overview: Five counts of action by seller of wall system against buyers were stricken; count one failed to allege acceptance of wall system by buyers, and therefore, it lacked essential element of a Conn. Gen. Stat. § 42a-2-709 action for breach of contract for sale of goods, and counts for misrepresentation and civil theft were barred by economic loss rule.

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Conn. Ins. Guar. Ass'n v. Daigle, CV054013240S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 21, 2007, Decided , February 21, 2007, Filed
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Overview: Insurance guarantee association's summary judgment motion was denied as to its declaratory judgment action concerning insurance coverage for an underlying tort action, as a police officer who allegedly took nude photos of female volunteers in the course of sting operations was an insured, and policy exclusions were ambiguous.

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Egner v. N. Stonington Zoning Bd. of Appeals, CV054002629S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 21, 2007, Filed
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Overview: Pursuant to Conn. Gen. Stat. § 8-8(k), a trial court addressed a landowner's equitable claims challenging a zoning board of appeals' denial of his appeal regarding a cease and desist order prohibiting his use of his residence year-round since a laxity in enforcing the seasonal use restriction was not established nor any other arbitrary enforcement.

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Gillon v. Bysiewicz, CV064009020S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 21, 2007, Decided , February 21, 2007, Filed
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Javier v. City of Hartford, CV065002003S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 21, 2007, Decided , February 21, 2007, Filed
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Overview: Judgment was entered in favor of a city in a pedestrian's action for injuries he suffered when he allegedly tripped over a portion of a telephone pole jutting out of a sidewalk; recovery under Conn. Gen. Stat. § 13a-149 was precluded as pedestrian's own testimony showed he was comparatively negligent as he was not watching where he was walking.

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Kozlovich v. Kozlovich, (UMY)FA054003806S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, MIDDLESEX REGIONAL FAMILY TRIAL DOCKET AT MIDDLETOWN, February 21, 2007, Decided , February 21, 2007, Filed
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Overview: A husband was granted both a divorce from his wife and an increase in visitation with his two children where the only individual testifying that an increase in visitation was not in the children's best interest was an expert retained by the wife; all other experts indicated the husband had an appropriate, loving relationship with his children.

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Milne v. Filene's, Inc., CV054018766S, SUPERIOR COURT OF CONNECTICUT, February 21, 2007, Decided , February 21, 2007, Filed
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Overview: Because a former employee failed to exhaust available administrative remedies or obtain a release from the Connecticut commission on human rights and opportunities as required by Conn. Gen. Stat. § 46a-101 prior to filing suit for discrimination against the employer, the court did not have jurisdiction over the Conn. Gen. Stat. § 46a-60 count.

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Milne v. Filene's, Inc., CV054018766S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 21, 2007, Decided , February 21, 2007, Filed
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Overview: Employer's motion to strike was granted as to plaintiff's allegation of intentional infliction of emotional distress, as plaintiff's claims that the employer denied time off to see her doctor and falsely accused her of theft did not amount to conduct that was so outrageous in character as to support the cause of action.

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Montagna v. Montagna, FA054017858S, SUPERIOR COURT OF CONNECTICUT, February 21, 2007, Filed
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Overview: Although wife of 36 years was awarded alimony as a result of her action for divorce, contrary to her request, the marital home was to be sold with the parties sharing equally in any profit, and retirement funds were divided equally between the parties.

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Mossa v. State, CV020077497, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, February 21, 2007, Decided , February 21, 2007, Filed
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Overview: Plaintiff's motion to set aside the verdict in his civil action against the State of Connecticut was denied; the motion failed to articulate a proper basis for his claim that evidence had been either improperly admitted or disallowed and it also failed to identify the portion(s) of the jury instructions that allegedly deprived him of a fair trial.

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