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   State Courts - Connecticut - February 27, 2007

  
Defco, Inc. v. Max Pizza of Canton, LLC, HDSP139304, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, HOUSING SESSION AT HARTFORD, February 27, 2007, Filed
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Overview: Landlord's request for execution of agreement in Conn. Gen. Prac. Book, R. Super. Ct. § 17-53 summary process action was denied because, although tenant agreed to apply to modify health department consent decree against landlord, health department would not allow tenant to assume obligations. Tenant did not violate the parties' stipulation.

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DiCicco v. Johns, CV055000151S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT DERBY, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Plaintiff failed to meet her burden as the nonmovant on summary judgment in a slip and fall action; plaintiff denied any defect in the tile floor where she slipped, which established that there was no genuine issue of fact in the case, and she failed to present any additional evidence that would demonstrate the existence of a disputed fact issue.

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Hunting v. Chambers, AC 27029, APPELLATE COURT OF CONNECTICUT, February 27, 2007, Officially Released
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Overview: In an action for failure to pay rent and conversion, the trial court properly relied on a landlord's testimony as competent evidence regarding the value of his grandfather clock and did not err in awarding the landlord $10,000 in damages for the tenant's conversion of the clock because no other source was available regarding the clock's value.

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Kalman v. Berger, CV064006197, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, AT MIDDLETOWN, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Acquittee's request for injunctive relief against Psychiatric Security Review Board (PSRB) because it was operating without all of its members was dismissed as the vacancies had been filled, rendering the request moot, and Conn. Gen. Stat. § 17a-597 provided him with legal remedy for his dissatisfaction with PSRB decisions in his case.

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Little v. Plant Integration, X10UWYCV054010156S(CLD, X10UWYCV065001464S(CLD), SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, COMPLEX LITIGATION DOCKET AT WATERBURY, February 27, 2007, Decided
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Overview: In a firefighter's injury suit, liability could not be apportioned to a fire chief, because he was immune from negligence claims, negligence liability could not be apportioned to him pursuant to Conn. Gen. Stat. § 52-102b(c), and any recklessness or intentional conduct claims were barred from apportionment under Conn. Gen. Stat. § 52-572h(o).

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Lombardi v. Cobb, (AC 27524), APPELLATE COURT OF CONNECTICUT, February 27, 2007, Officially Released
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Overview: Trial court properly set aside verdict under Conn. Gen. Stat. § 52-228b after driver and owner rejected additur. Jury's failure to award noneconomic damages for pain and suffering was inconsistent because it awarded plaintiff entire amount of medical expenses and lost wages that she had claimed. There was no evidence of preexisting condition.

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Packer v. Packer, FSTFA010185251S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, February 27, 2007, Decided , February 27, 2007, Filed
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Perry v. Perry, FA054014055S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 27, 2007, Decided , February 27, 2007, Filed
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Rourke v. State, 04569612, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Decision of Commissioner of Connecticut Department of Mental Retardation (DMR) was reversed as DMR was equitably estopped to deny mental retardation benefits under Conn. Gen. Stat. § 1-1(g) since claimant was committed to institutional living by State agencies at age six, and had developed as person under State's care and services for 54 years.

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Ruotolo v. Tietjen, (SC 17640), SUPREME COURT OF CONNECTICUT, February 27, 2007, Officially Released
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Overview: Conn. Gen. Stat. § 45a-441 prevented the lapse of a bequest to a residuary beneficiary, despite the fact that the will at issue bequeathed the property to the beneficiary, "if she survives me . . . ." and the beneficiary died 17 days before the testator died.

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