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   State Courts - Connecticut - April 11, 2002

  
Afscme, Council 4, Local 704 v. State, CV010805240, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, April 11, 2002, Filed
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Overview: Parties jointly waived deadline by failing to either impose or disclose it to arbitrator, so union waived any right to challenge timeliness of award.

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Brown v. Windley, CV01382951S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF FAIRFIELD, AT BRIDGEPORT, April 11, 2002, Decided , April 11, 2002, Filed
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Overview: Although exhaustion doctrine generally arose in context of governmental agencies, it also served its purposes in context of voluntary societies. Court could examine documents outside pleadings in deciding motion to strike.

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Coco v. Haddad, CV000340756S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF DANBURY, AT DANBURY, April 11, 2002, Decided , April 11, 2002, Filed
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Overview: Taxpayer could challenge zoning decision allowing package store as taxpayer, zoning commission did not have to accept his analysis of traffic conditions, and package store was not permitted use within zone in which use was approved.

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Colonial Penn Ins. Co. v. Burnham, CV010810486S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, AT HARTFORD, April 11, 2002, Decided , April 11, 2002, Filed
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Overview: Because insurer's claim was derived from insured's right to recover against DOT, did not enlarge recovery or expose state to more litigation, and because statute did not define "person," insurer had right to reimbursement.

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Coman v. Mannix, 065645, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WINDHAM, AT PUTNAM, April 11, 2002, Decided , April 11, 2002, Filed
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Overview: Specificity required by victim to support the claim for common law recklessness against driver who ran him over was not the same degree of specificity required to sufficiently plead the claim for statutory recklessness.

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Cook v. Frankel, CV980416326, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, April 11, 2002, Filed
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Overview: Trier of fact was to determine whether last time dentist saw patient where he owed her duty of professional treatment was within applicable time frame allowed by statute of limitations.

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Dunn v. Lisi, CV010165233S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, April 11, 2002, Decided , April 11, 2002, Filed
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Overview: Even if "firefighter's rule" extended beyond premises liability to cover suspect who negligently injured police officer while being questioned, rule did not shield suspect from liability, as subsequent negligence exception applied.

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Hall v. Hall, FA940142350S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK, AT STAMFORD, April 11, 2002, Decided , April 11, 2002, Filed
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Overview: In mother's motions for modification from child support and to modify parenting access plan, father was to pay mother $ 2,400 a month for child support and one-half of the private school costs.

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In re Terrence S., [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, CHILD PROTECTION SESSION AT MIDDLETOWN, April 11, 2002, Decided , April 11, 2002, Filed
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Overview: Temporary custody statute did not relate to same subject matter as penal code. However, agency failed to show that cigarette burn on three-month old child was serious physical injury.

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Kurzyna v. City of New Britain, CV000504388S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, April 11, 2002, Decided , April 11, 2002, Filed
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Overview: Connecticut landowner could not recover from town for permitting disposal of hazardous substances in nearby pond under nuisance, infliction of emotional harm, or constitutional theories, but did state strict liability claim.

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