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   State Courts - Connecticut - March 9, 2005

  
Burton v. City of Stamford, CV030197324S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, March 9, 2005, Decided , March 9, 2005, Filed
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Overview: City's motion to strike plaintiffs' special defense was denied because under Conn. Gen. Stat. ? 52-557n(a), which made a city liable for its employees' negligence, and Conn. Gen. Stat. ? 52-183, it could be liable if police officer's negligence caused car accident. Conn. Gen. Stat. ? 52-572h(f) apportionment between city and officer did not apply.

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Damerow v. City of Waterbury, CV000156984S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, March 9, 2005, Filed
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Overview: City and mayor failed to establish that the renewal of a former school superintendent's employment contract by the civil service commission violated a public policy or Conn. Gen. Stat. 10-157(a); thus, there were not entitled to summary judgment.

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Giaimo v. Marc Glassman, Inc., CV030476721S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW HAVEN, AT NEW HAVEN, March 9, 2005, Filed
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Overview: A patron failed to sustain his burden of proof in a personal injury claim after a bottle allegedly came off a store shelf, striking him on his head; there was evidence that the patron continued to shop after the alleged incident, and a store employee found no broken glass or evidence of spillage.

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In re Damaris P., H12CP03009038A, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD, JUVENILE MATTERS AT HARTFORD, March 9, 2005, Filed
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Overview: Parental rights of a mother and father were terminated as to their child pursuant to Conn. Gen. Stat. ? 17a-112; the parents had abandoned the child, and had failed to rehabilitate themselves to the point that they could care for the child, and the termination was in the best interest of the child, who had bonded with her foster parents.

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LaValley v. LaValley, FA030091378S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF MIDDLESEX, REGIONAL FAMILY TRIAL DOCKET AT MIDDLETOWN, March 9, 2005, Decided , March 9, 2005, Filed
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Overview: A mother was awarded sole custody of the parties' one minor son in a dissolution action, because the father maintained intense anger toward the mother and did not demonstrate stability and consistency toward the child, though he was granted substantial access to the child through visitation.

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Lacossa v. Brino Builders, LLC, CV030521392S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF NEW BRITAIN AT NEW BRITAIN, March 9, 2005, Decided
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Overview: The court found that a contractor breached a contract with an owner of land insofar as the depth of the foundation as required under the house building plans. However, the owner failed to prove his allegation that the contractor was responsible for earth being placed in the wetlands area on the parcel of land.

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Nat'l Spiritual Assembly v. City of Stamford, CV000179519, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD, March 9, 2005, Decided , March 9, 2005, Filed
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Overview: Although church's position that it was entitled to prejudgment interest under Conn. Gen. Stat. ? 37-3a, on ground that referee eventually determined that church's property was exempt from taxation, had merit, church's objection to report was overruled because question of whether interest should be awarded was a factual matter for the trial referee.

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Negro v. Hirsch, CV0383003S, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF TOLLAND, AT ROCKVILLE, March 9, 2005, Decided , March 9, 2005, Filed
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Overview: Town was not liable for negligence in the performance of a governmental function, and summary judgment for a town was proper in a suit against it alleging negligence. Zoning officer was a municipal officer, and his actions in entering onto property pursuant to a legal ruling were purely discretionary, so he was entitled to qualified immunity.

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State v. Brewer, X01CR02307016, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, March 9, 2005, Decided
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Overview: Defendant's motion to exclude ballistic evidence in his trial for murder and other crimes was denied. The testimony of the State's expert with regard to what gun the slug and shell casings came from was relevant and would assist the jury in determining the facts, and was admissible pursuant to Conn. Code Evid. R. 7-2.

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State v. Brewer, X01CR02307016, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF WATERBURY, AT WATERBURY, March 9, 2005, Decided
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Overview: Where defendant had been made aware of a correctional facility's policy which allowed authorities to monitor all non-privileged letters on numerous occasions, he had no reasonable expectation of privacy, and his motion to suppress two letters sent by him while he was incarcerated awaiting trial was denied.

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