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State Courts -
Connecticut - March 2, 2005
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Bolduc v. Bolduc, FA970065013S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, March 2, 2005, Decided , March 2, 2005, Filed
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Overview: A husband was found in civil contempt of court based on his willful failure to pay alimony; he was equitably estopped from relying on cohabitation as a defense to contempt because through his conduct, he intentionally induced the wife to take injurious actions which she would not have taken but for such conduct. Attorney fees were not awarded.
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Butler v. NexClaim Techs. Inc., X04CV030102891S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, COMPLEX LITIGATION DOCKET AT MIDDLETOWN, March 2, 2005, Decided , March 2, 2005, Filed
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Overview: Former employees' claims that bonuses were based on services performed for the employer meant they could be wages in Conn. Gen. Stat. ? 31-72 claims for nonpayment; claims of a policy to pay severance and fringe benefits to terminated executives and of failure to pay them allowed Conn. Gen. Stat. ? 31-76k claims to survive motion to strike.
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CNA Ins. Co. v. S.C. Communs., LLC, CV000072429S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF ANSONIA - MILFORD, AT MILFORD, March 2, 2005, Decided , March 2, 2005, Filed
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Overview: Where a company's exclusive control over a defective sprinkler system was sufficiently alleged, a motion to strike a third party indemnification action was denied. Since a reasonable juror could find it exercised exclusive control over the dangerous condition that gave rise to the accident, the indemnification claim was sufficiently supported.
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Comm'r of Transp. v. Yellin, CV980548454S, CV990553176S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, March 2, 2005, Decided , March 2, 2005, Filed
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Overview: Commissioner-assessed damages in two condemnation actions were modified, upon considering the difference of opinion involving two appraisals, as the finished lower level and the dry attic storage space had to be included in the calculations, resulting in the court's independent determination of the value of the property and fair compensation.
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Ezegbo v. Ezegbo, FA040084464S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, March 2, 2005, Decided , March 2, 2005, Filed
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Overview: Relatively short duration of the marriage and fact that both the former husband and the former wife were well educated and employed in well-paying jobs dictated, pursuant to Conn. Gen. Stat. ? 46b-81, that alimony not be awarded to either party, that they each be responsible for their own debts, and that marital assets be equitably distributed.
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Kondrat v. Stratford Zoning Bd. of Appeals, CV044000909S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 2, 2005, Decided , March 2, 2005, Filed
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Overview: Board correctly denied variances requested by property owners where the owners' alleged hardship was created by the owners themselves. The owners had been granted a variance to build one specific dwelling on the properties, but then built two houses, and were warned during the course of construction that the structures were not in compliance.
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Midler v. Benjamin, CV960332858,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 2, 2005, Decided , March 2, 2005, Filed
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Overview: The injured party was properly precluded from testifying as to whether she would have undergone cosmetic surgery had she known that there was a possibility of nerve damage. The injured party did not have the requisite personal knowledge or life experience in order to testify on that issue, as she was a minor.
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Quintilano v. Planning & Zoning Comm'n, CV044000732,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, March 2, 2005, Decided , March 2, 2005, Filed
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Overview: The 2/3 vote requirement for approval of a subdivision, under Conn. Gen. Stat. ? 8-3, was based on a proposed change. Although there was a prior proposed change and a protest petition was filed, that protest petition was of no avail in the present proposed change since a new protest petition was required each time a proposed petition was filed.
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Robare v. Warden, Corrigan C.I., 555967,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW LONDON, AT NEW LONDON, March 2, 2005, Decided , March 2, 2005, Filed
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Overview: Inmate's habeas petition claiming that handwritten notes on docket sheet at the time of sentencing showed that sentencing court intended total sentence of 20 years instead of 30 years that he was currently serving was denied because evidence showed that error was scrivener's error, and it was intent of sentencing court to sentence him to 30 years.
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Sidelinger v. N.H. Ins. , CV030825218S, CV 03-0825218S,
SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, March 2, 2005, Filed
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Overview: Where injured party was driving truck with dealer plates but injured party, and not dealership, had always controlled truck, it was owned by injured party. Because insurer's policy excluded vehicles that were not owned by dealership, which was proper under Conn. Gen. Stat. ? 38a-336, injured party was not entitled to uninsured motorist coverage.
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