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| 4890 Main St., LLC v. Zoning Bd. of Appeals, CV074023025S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD AT BRIDGEPORT, July 14, 2008, Decided, July 14, 2008, Filed
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Overview: Motion to intervene under Conn. Gen. Stat. ¿ 52-107 and Conn. Gen. Prac. Book, R. Super. Ct. ¿ 9-18 was granted as neighbor had direct and substantial interest in zoning board of appeals' (ZBA) appeal requiring property owner to remove restaurant seating since ZBA refused to allow neighbor to submit evidence at public hearing.
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| Barker v. St. Pierre, CV075003099S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD AT LITCHFIELD, July 14, 2008, Decided, July 14, 2008, Filed
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Overview: Foster parents, who were sued by their foster children's guardian, were immune from a suit for negligence under Conn. Gen. Stat. ¿¿ 4-165 and 5-141d, as they qualified as employees of the state. Moreover, Conn. Gen. Stat. ¿ 17a-114a granted the immunity to foster parents that biological parents enjoyed.
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| Barros v. City Hill Dev., LLC, CV084016463S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY AT WATERBURY, July 14, 2008, Decided, July 14, 2008, Filed
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Overview: Arbitration award in favor of property owners was confirmed; the parties made an unrestricted submission to arbitration on issues surrounding a construction contract and the arbitrator did not exceed his powers or so imperfectly execute them under Conn. Gen. Stat. ¿ 52-418 that a mutual, final and definite award upon issues submitted was not made.
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| Bradley v. Statewide Griev. Comm., CV084029843S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN, July 14, 2008, Decided, July 14, 2008, Filed
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Overview: Statewide grievance committee's (SGC's) motion to dismiss complainant's administrative appeal was granted because, pursuant to Conn. Gen. Prac. Book, R. Super. Ct. ¿ 2-38, complainant did not have right to appeal; even if Uniform Administrative Procedure Act applied, the appeal would be dismissed as untimely under Conn. Gen. Stat. ¿ 4-183(c).
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| Hernandez v. Jean, CV085007634S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY AT WATERBURY, July 14, 2008, Filed
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Overview: In an accident case, semi truck owner's motion to strike counts of recklessness and statutory recklessness as duplicative regarding punitive damages was denied because multiple damages awarded pursuant to Conn. Gen. Stat. ¿ 14-295 were separate and distinct from common law punitive damages and were awarded in addition thereto in appropriate cases.
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| In re Lyric H., H14CP05008261A,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, July 14, 2008, Filed
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Overview: Biological mother's motions seeking visitation and stay of termination of rights order pending an appeal were both denied; mother's actions before and after the termination order were disruptive of the child's finding a permanent placement and a stay was not in the child's best interest where there was little likelihood the appeal would succeed.
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| Moreno v. Edgar, CV075004312S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY AT WATERBURY, July 14, 2008, Decided, July 14, 2008, Filed
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Overview: Because an owner failed to prove her special defense that a bicyclist was teasing and tormenting her dog with his actions on the day in question, and because the bicyclist proved damage to his body, the owner was found strictly liable under Conn. Gen. Stat. ¿ 22-357.
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| Noyes v. Godiksen, CV040490118S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN AT NEW HAVEN, July 14, 2008, Decided, July 14, 2008, Filed
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Overview: Judgment was entered for real estate brokerage firm and real estate salesperson was not negligent as comparative market analysis she prepared valued property within 10 percent of its fair market value, although it was $ 32,000 lower than market value. Recommended listing price was based on fact that client one wanted to sell property quickly.
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| Tibbetts v. Riverside Motorcars, LLC, CV064006894S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA-MILFORD AT MILFORD, July 14, 2008, Decided, July 14, 2008, Filed
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Overview: Motion for attorneys fees and costs under Magnuson-Moss Warranty Act was denied as it was found that buyer revoked its acceptance based on malfunctioning odometer, without breach of warranty by seller. Although trial court stated that reasonable attorneys fees were warranted, its factual findings and legal conclusions did not support that holding.
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