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State Courts -
Connecticut - February 27, 2006
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Beach Homes, LLC v. Nathan's Concrete, LLC, CV054005095S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: Upon a review of the evidence presented by both parties, a builder's motion for discharge or reduction of a contractor's mechanic's lien was granted, accepting the testimony of the builder that it agreed to pay 75.00 per yard due to extra work involved, including the configuration of the footings and foundation.
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Bosco v. Reagan, CV020171571S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: Since no common law negligence cause of action existed in April 2000 and the legislature had prohibited a negligence cause of action, no factual issue existed. Thus, plaintiff was barred from pursuing an action based on common law negligence, and the court granted summary judgment on the common law negligence and gross negligence causes of action.
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Castellano v. United States Surgical Corp., CV054008844S, Opinion No.: 92444,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: Employee satisfied futility exception to exhaustion of administrative remedies before Commission on Human Rights and Opportunities on disability discrimination claim under Conn. Gen. Stat. ? 46a-60(a) as Commission could not order attorney fees or emotional distress; negligent misrepresentation claim was struck for lack of detrimental reliance.
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Citibank v. Morgan, CV054001516,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: Summary judgment was granted to bank as to liability only on account stated claim as customer acknowledged that he owed money to bank. Customer disputed amount owed and averred that amount transferred from prior credit card was incorrect and that statement was first statement that he had seen. Amount of damages was to be addressed at later hearing.
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DiNuzzo v. Bute, CV020469411S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: Motion to strike action for bad faith processing of a workers' compensation claim was granted as Connecticut did not recognize the cause of action.
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DiNuzzo v. Bute, CV020469411S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 27, 2006, Decided , February 27, 2006, Filed
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Grignano v. City of Milford, CV045000002,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: Since there were no policies, directives, or mandatory procedures concerning the maintenance, inspection, or repair at the landing but rather decisions concerning such matters were left to the discretion of responsible city employees, the city was entitled to summary judgment as to the injured person's slip and fall case.
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Jameson v. Town of Newington, CV040832671,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: Homeowners' trespass and negligent infliction of emotional distress claims were stricken, as: (1) the trespass claim lacked further factual allegations to support the element of intent; and (2) the homeowners failed to allege any substantive discomfort or annoyance created by flooding, or fear from a continued threat of the same.
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Jeannin v. Porto-Byron, CV054005494,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, February 27, 2006, Decided , February 27, 2006, Filed
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Overview: Exception to exclusivity of Workers' Compensation Act under Conn. Gen. Stat. ? 31-284(a) barred actions against employer for personal injuries due to fellow employee's alleged negligence in operating employer owned vehicle; exception to exclusivity under Conn. Gen. Stat. ? 31-293a allowed suit against fellow employee, but not against employer.
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