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| Schweiger v. Amica Mut. Ins. Co., CV040833708,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Insurer was entitled to a directed verdict in a UM/UIM action because, while the insured presented evidence that a collision had occurred between her vehicle and another, her testimony and pictures of her car were insufficient to remove issue of how accident occurred from the realm of speculation, conjecture, or surmise.
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| Shuttleworth v. Stevens, LLICV0640042S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Plaintiff's application for prejudgment remedy attachment under Conn. Gen. Stat. § 52-278d was denied as to breach of fiduciary duty claim, even though plaintiff alleged that he had special relationship with defendant, as defendant had no special skills in financial or home renovation arenas, and law did not protect plaintiff from own naivete.
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| State v. Bosse, (AC 26873),
APPELLATE COURT OF CONNECTICUT, February 27, 2007, Officially Released
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Overview: Sufficient evidence supported a jury's finding that a metal chair was a dangerous instrument for purposes of charge of assault, Conn. Gen. Stat. § 53a-60(a), under circumstances in which defendant held the chair with the legs pointed toward the victim and struck him while walking at a brisk pace. Force of the chair pushed victim against a wall.
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| State v. Edman, SC 17516,
SUPREME COURT OF CONNECTICUT, February 27, 2007, Officially Released
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Overview: Trial court erred in denying defendant's motion to suppress evidence in his trial on drug charges, as defendant's unchallenged assertion that a prior personal relationship existed between defendant and the magistrate who issued a search warrant was sufficient to establish that defendant was denied his right to a neutral and detached magistrate.
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| State v. Fabricatore, SC 17492,
SUPREME COURT OF CONNECTICUT, February 27, 2007, Officially Released
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Overview: Judgment upholding defendant's convictions was affirmed because defendant, who appealed a faulty jury instruction on self-defense under Golden, waived his right to challenge the instruction on appeal because he accepted the State's proffered instruction, which included a duty-to-retreat exception, and openly acquiesced to the instruction at trial.
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| State v. McKenzie-Adams, SC 17451,
SUPREME COURT OF CONNECTICUT, February 27, 2007, Officially Released
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Overview: Even if defendant had right to engage in noncommercial consensual sex with individuals over age of consent, right did not protect sexual intimacy in inherently coercive relationship, such as teacher-student. Joinder of offenses was proper as evidence of uncharged misconduct with each victim was admissible to establish common scheme or plan.
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| State v. Nathan J., (AC 26194),
APPELLATE COURT OF CONNECTICUT, February 27, 2007, Officially Released
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Overview: Because it was possible that defendant's conduct under the risk of injury statute, Conn. Gen. Stat. § 53-21(a)(1), was justified under the Conn. Gen. Stat. § 53a-18(1) defense of reasonable parental discipline, the failure to instruct the jury on that defense might have misled the jury and resulted in injustice entitling defendant to a new trial.
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| State v. Ovechka, (AC 26077),
APPELLATE COURT OF CONNECTICUT, February 27, 2007, Officially Released
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Overview: State failed to show that substance sprayed by defendant into victim's face was dangerous instrument, and thus conviction of second degree assault, Conn. Gen. Stat. § 53a-60(a), was not supported by sufficient evidence. Evidence that victim suffered skin redness and burning and eye irritation did not establish that he suffered serious injuries.
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| Webster Bank, NA v. Encompass Ins. Co. of Am., CV065000535S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF LITCHFIELD, AT LITCHFIELD, February 27, 2007, Decided , February 27, 2007, Filed
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Overview: Motion to dismiss was denied; trial court had subject matter jurisdiction to consider mortgage holder's claim for an equitable lien on fire insurance proceeds because, as the claim was equitable in nature, privity of contract between the holder and the insurer was not required.
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