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Tort Law

Tort Law Supreme Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3450

SC20130 - Essex Ins. Co. v. William Kramer & Associates, LLC (Negligence; "This case, which comes to us on certification from the United States Court of Appeals for the Second Circuit; see General Statutes § 51-199b (d); requires us to consider the applicability of our continuing course of conduct tolling doctrine to a relationship between an insurance company and its independent claims adjuster in the period after an insured's claim has been fully paid. The plaintiff insurer, Essex Insurance Company, brought a negligence action against the defendant claims adjuster, William Kramer & Associates, LLC, in the United States District Court for the District of Connecticut, alleging that the defendant had breached its duty to advise the plaintiff of a mortgage on the insured property before the plaintiff issued the final claim payment check to the insured for hurricane related damage, thereby causing the plaintiff to incur liability to the mortgagee. The plaintiff contended that the limitation period for commencing an action was tolled until the defendant discovered and produced a document in one of its files that reflected the mortgagee's interest during the course of litigation between the mortgagee and the plaintiff. The District Court set aside the jury's verdict in favor of the plaintiff on the ground that there was insufficient evidence to support the jury's finding that a continuing course of conduct tolled the otherwise untimely filed action. See Essex Ins. Co. v. William Kramer & Associates, LLC, United States District Court, Docket No. 3:13-cv-1537 (MPS) (D. Conn. June 8, 2016). The Second Circuit concluded that Connecticut law regarding the contours of this tolling doctrine is unclear and sought our advice as to whether the evidence is legally sufficient to support the jury's finding. See Evanston Ins. Co. v. William Kramer & Associates, LLC, 890 F.3d 40 (2018). We conclude that the evidence is not legally sufficient to toll the statute of limitations on this factual record. ")


Property Law Supreme Court Opinion

   by Zigadto, Janet

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3447

SC19993 - Mangiafico v. Farmington ("The principal issue in this certified appeal is whether a claim brought in state court alleging a deprivation of civil rights under 42 U.S.C. § 1983 may be dismissed for failure to exhaust state administrative remedies. The plaintiff . . . is a homeowner who was the subject of a series of enforcement actions under a municipal blight ordinance in the town of Farmington. In 2013, the plaintiff commenced this state court action alleging, in relevant part, that the defendants' designation of his property as blighted, their assessment of daily punitive fines, and their imposition of municipal blight liens constituted an unconstitutional taking of his property in violation of the fourteenth amendment to the United States constitution and § 1983. The defendants successfully moved in the trial court to dismiss the plaintiff's § 1983 claims for lack of subject matter jurisdiction on the ground that the plaintiff had failed to exhaust his administrative remedies because he had not filed an appeal pursuant to General Statutes § 7-152c (g). The Appellate Court affirmed the trial court's judgment. See Mangiafico v. Farmington, 173 Conn. App. 158, 177, 163 A.3d 689 (2017). . .

The judgment of the Appellate Court is reversed with respect to the plaintiff's § 1983 claims and the case is remanded to that court with direction to remand the case to the trial court with direction to deny the defendants' motion to dismiss as to the plaintiff's § 1983 claims and for further proceedings according to law.")


Tort Law Appellate Court Opinions

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3445

AC40293 - Silano v. Cooney (Defamation per se; libel per se; slander per se; "The plaintiff, Virginia Silano, appeals from the trial court's judgment in favor of the defendant George Cooney on her claims of slander and libel per se. Specifically, the plaintiff argues that the court erred (1) in finding that the defendant's statements to the Trumbull Police Department were not defamatory and (2) in concluding that the defendant did not abuse his qualified privilege in making such statements to the police. We are not persuaded and, accordingly, affirm the judgment of the trial court.")

AC40626 - Levine v. Hite (Personal injury; "The plaintiff, Michelle Levine, appeals from the trial court's judgment of nonsuit rendered in favor of the defendants, Randall Hite and Tanya Hite, as a result of the plaintiff's failure to comply with three previous orders of the court regarding discovery. On appeal, the plaintiff claims that (1) the court, Noble, J., improperly raised and considered a prior ruling of the court, Shapiro, J., without affording her a fair opportunity to respond, (2) the plaintiff's failure to comply with discovery orders did not warrant the rendering of a judgment of nonsuit by the court, Hon. A. Susan Peck, judge trial referee, and (3) Judge Peck improperly declined to consider the plaintiff's motion for sanctions against the defendants' counsel prior to rendering the judgment of nonsuit. We affirm the judgment of the trial court.")


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3438

AC40294 - Williams v. State (Negligence; "The plaintiff, Michelle Williams, appeals, following a bench trial, from the judgment rendered on her complaint in favor of the defendant, the State of Connecticut. In her one count complaint, the plaintiff sought monetary damages for personal injuries she had sustained as a result of the alleged negligence of an employee of the Department of Transportation (department) while operating a state owned vehicle. See General Statutes § 52-556. On appeal, the plaintiff claims that the trial court improperly (1) failed to consider all of the specifications of negligence that she alleged in her complaint and (2) failed to consider applicable statutes and highway safety regulations governing the actions of the department. We disagree with the plaintiff's first claim and conclude that the second claim was not preserved for appellate review. Accordingly, we affirm the judgment of the court.")

AC40381 - Yuille v. Parnoff (Conversion; "The defendant, Laurence V. Parnoff (Parnoff), appeals from the judgment rendered, following a jury trial, in favor of the plaintiff, Darcy Yuille, on the counts of Yuille's complaint alleging conversion and statutory theft. On appeal, Parnoff claims that (1) the trial court abused its discretion by ordering him to commence trial on extremely short notice, (2) the verdict in Yuille's favor on counts one and two is irreconcilably inconsistent with the verdict in Parnoff's favor on count three, and (3) the court improperly declined to submit any of the special defenses to the jury. We disagree and, accordingly, affirm the judgment of the trial court.")


Tort Law Supreme Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3434

SC19974 - Raspberry Junction Holding, LLC v. Southeastern Connecticut Water Authority (Negligence; "The dispositive question in this appeal is whether the special act creating the defendant, Southeastern Connecticut Water Authority, authorized the defendant to promulgate a rule immunizing itself from liability for failures or deficiencies in its supply of water to its customers. The plaintiff, Raspberry Junction Holding, LLC, appeals from the trial court's judgment rendering summary judgment in favor of the defendant on the basis of such a rule. We reverse the judgment of the trial court.")


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3423

AC40834 - Cohen v. King (Defamation; "The self-represented plaintiff, Debra Cohen, appeals from the judgment of the trial court granting a motion to dismiss filed by the defendant, Patricia A. King. On appeal, the plaintiff claims that the trial court erred in concluding that the doctrine of litigation privilege barred her action sounding in defamation and fraud. We affirm the judgment of the trial court.")

AC40956 - Harvey v. Dept. of Correction (Wrongful death; "The plaintiff, Sandra Harvey, administratrix of the estate of Isaiah Boucher, appeals from the judgment of the trial court dismissing the wrongful death action filed against the defendants, the Department of Correction and the University of Connecticut Health Center Correctional Managed Health Care, to which we collectively refer in this opinion as the state. On July 16, 2015, the Claims Commissioner (claims commissioner) authorized Boucher to bring a medical malpractice action against the state. Boucher, however, died during September, 2015, without having filed an action, and the plaintiff did not commence the underlying action on behalf of Boucher's estate until more than one year later. The state filed a motion to dismiss the action because it was untimely pursuant to General Statutes § 4-160 (d), which requires a party who is granted authorization by the claims commissioner to sue the state to do so within one year from the date such authorization is granted. The plaintiff claims on appeal that the court improperly granted the state's motion to dismiss because the statute of limitations set forth in General Statutes § 52-555 (a), which permits a wrongful death action to be brought within two years from the date of the decedent's death, had not expired and is not limited by § 4-160 (d). Alternatively, the plaintiff claims that the one year limitation period prescribed in § 4-160 (d) was extended in this case by operation of General Statutes § 52-594, and, therefore, her action was timely. We disagree and, accordingly, affirm the judgment of the trial court.")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3415

AC41410 - Melendez v. Spin Cycle Laundromat, LLC (Negligence; "The plaintiff, Zaida Melendez, appeals from the judgment of the trial court denying her motion to set aside the jury verdict rendered in favor of the defendant, Spin Cycle Laundromat, LLC. On appeal, the plaintiff claims that the trial court erred in (1) allowing the defendant to present evidence of the condition of the laundry folding table prior to its collapse, (2) allowing the defendant to question the plaintiff regarding her disability, and (3) denying the motion to set aside the verdict. We affirm the judgment of the trial court.")

  • AC41410 Appendix - Melendez v. Spin Cycle Laundromat, LLC


Tort Law Supreme Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3403

SC19832, SC19833 - Soto v. Bushmaster Firearms International, LLC (Wrongful death action pursuant to statute (§ 52-555); "On December 14, 2012, twenty year old Adam Lanza forced his way into Sandy Hook Elementary School in Newtown and, during the course of 264 seconds, fatally shot twenty first grade children and six staff members, and wounded two other staff members. Lanza carried out this massacre using a Bushmaster XM15-E2S semiautomatic rifle that was allegedly manufactured, distributed, and ultimately sold to Lanza's mother by the various defendants in this case. There is no doubt that Lanza was directly and primarily responsible for this appalling series of crimes. In this action, however, the plaintiffs—administrators of the estates of nine of the decedents—contend that the defendants also bear some of the blame. The plaintiffs assert a number of different legal theories as to why the defendants should be held partly responsible for the tragedy. The defendants counter that all of the plaintiffs' legal theories are not only barred under Connecticut law, but also precluded by a federal statute, the Protection of Lawful Commerce in Arms Act (PLCAA), Pub. L. No. 109-92, 119 Stat. 2095 (2005), codified at 15 U.S.C. §§ 7901 through 7903 (2012), which, with limited exceptions, immunizes firearms manufacturers, distributors, and dealers from civil liability for crimes committed by third parties using their weapons. See 15 U.S.C. §§ 7902 (a) and 7903 (5) (2012).

"For the reasons set forth in this opinion, we agree with the defendants that most of the plaintiffs' claims and legal theories are precluded by established Connecticut law and/or PLCAA. For example, we expressly reject the plaintiffs' theory that, merely by selling semiautomatic rifles—which were legal at the time —to the civilian population, the defendants became responsible for any crimes committed with those weapons.")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3394

AC41079 - Garcia v. Cohen ("The plaintiff, Ussbasy Garcia, appeals from the judgment of the trial court, rendered after a jury trial, in favor of the defendants, Robert Cohen and Diane N. Cohen. On appeal, the plaintiff claims that the court erred by rejecting her request to charge and failing to instruct the jury that the possessor of real property has a nondelegable duty to maintain the premises. We affirm the judgment of the trial court.")


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3380

AC40306 - Cadco, Ltd. V. Doctor's Associates, Inc. (Summary Judgment, CUPTA; "The plaintiff, Cadco, Ltd., commenced this action alleging that the defendants, Doctor's Associates, Inc. (Doctor's Associates), Franchise World Headquarters, LLC (Franchise), and Independent Purchasing Cooperative, Inc. (Independent), engaged in unfair acts or practices and unfair methods of competition and deceptive acts or practices in their business dealings with the plaintiff concerning the design and development of a new product in violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq., and that in so doing they unjustly enriched themselves to the plaintiff's detriment. The plaintiff appeals from the summary judgment rendered in favor of the defendants on its complaint. We conclude that the trial court properly determined that the defendants were entitled to summary judgment on each of the plaintiff's claims against them because they established that there was no genuine issue of material fact that the plaintiff had no right to prevail on any of those claims. Accordingly, we affirm the judgment of the trial court.")

AC40109 - Parnoff v. Aquarian Water Co. of Connecticut (AC40109) (False arrest; "This appeal, and a related appeal, Parnoff v. Aquarion Water Co. of Connecticut, 188 Conn. App. __, __ A.3d __ (2019), which we also officially release today and which contains a recitation of the underlying facts, involve a challenge by the plaintiff, Laurence V. Parnoff, to the summary judgments rendered by the trial court in favor of the defendants. In the present appeal, the plaintiff appeals from the summary judgment rendered by the trial court in favor of the defendant Glynn McGlynn, a Stratford police officer. The plaintiff claims that (1) '[t]he evidence before the court was sufficient to permit a jury to find that the force used by the defendant . . . was unreasonable under the fourth amendment,' and (2) the 'defendant's assertion of the affirmative defense of qualified immunity was unavailing at the summary judgment stage of this case' because the defendant cannot reasonably contend that no objective police officer could have thought that the force used was reasonable. For the reasons set forth herein, we decline to review the plaintiff's claims.")

AC40383 - Parnoff v. Aquarian Water Co. of Connecticut (AC40383) (Trespass; "This appeal, and a related appeal, Parnoff v. Aquarion Water Co. of Connecticut, 188 Conn. App. __, __ A.3d __ (2019), which we also officially release today, involve a challenge by the plaintiff, Laurence V. Parnoff, to the summary judgments rendered by the trial court in favor of the defendants in this action. In this appeal, the plaintiff appeals from the summary judgments rendered by the trial court in favor of the defendants Aquarion Water Company of Connecticut (Aquarion) and its employees, Beverly A. Doyle, David Lathlean, and Kyle Lavin. The plaintiff claims that the trial court erred by rendering summary judgment in favor of the defendants as to his (1) claims of trespass, (2) claims of negligent infliction of emotional distress, (3) claims of invasion of privacy, (4) claims of intentional infliction of emotional distress, and (5) claim under the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110b (a). For the reasons set forth in this opinion, we disagree with the plaintiff and affirm the judgments of the trial court. ")

AC40752 - Strano v. Azzinaro (Intentional infliction of emotion distress; "The plaintiffs, John Strano and Rider Strano, appeal from the judgment of the trial court rendered after its decision striking their claims sounding in intentional infliction of emotional distress, which claims were brought against the defendants, Darwyn Azzinaro, in his official capacity as Essex Boy Scouts Troop 12 Committee Chairman, and the Boy Scouts of America Corporation. The plaintiffs claim that their revised complaint alleged facts sufficient to support the conclusion that the defendants engaged in extreme and outrageous conduct toward them. We affirm the judgment of the trial court.")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3360

AC40612 - Colinet v. Brown (Alleged deprivation of plaintiff's federal constitutional rights; "In this action brought pursuant to 42 U.S.C. § 1983, the plaintiff, Jean Colinet, who is an inmate serving a sentence for murder, appeals from the judgment of the trial court rendered in favor of the defendant, David Brown, a retired former director of correctional enterprises for the Department of Correction (department). The plaintiff claims that the court erred in rejecting his claims that his fourteenth amendment rights to due process and equal protection, and his first and fourteenth amendment right against retaliation were violated. We affirm the judgment of the trial court.")


Tort Law Appellate Court Advance Release Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3346

AC39959 - Mosby v. Board of Education (Discrimination; "The self-represented plaintiff, John Mosby, appeals from the judgment of the trial court dismissing his action against the defendant, the Board of Education of the City of Norwalk, alleging discrimination in violation of General Statutes §§ 46a-58, 46a-64 and 46a-82, and retaliation in violation of General Statutes § 46a-60. On appeal, the plaintiff claims that the court improperly dismissed his complaint as untimely. We affirm the judgment of the trial court.")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3336

AC40787 - Coppedge v. Travis (Personal injury; "The defendant dog owner, Curtis Travis, appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the plaintiff, Camila Coppedge, in this tort action, commenced pursuant to General Statutes (Rev. to 2013) § 22-357, commonly known as the dog bite statute. On appeal, the defendant claims that (1) '[t]he evidence supports a finding that . . . § 22-357 does not apply as the dog's conduct was innocent,' and (2) '[t]he evidence does not support a finding of proximate cause.' We affirm the judgment of the trial court.")


Tort Law Supreme and Appellate Court Advance Release Opinions

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3327

SC19898 - Ventura v. East Haven (Negligence; "The plaintiff, Thomas Ventura, commenced this action against the named defendant, the town of East Haven, seeking damages for injuries he sustained when he was struck by an unregistered vehicle driven by a third party, Vladimir Trnka. The plaintiff maintained that the defendant is liable for those damages because he would not have incurred them if Jeffrey R. Strand, an East Haven police officer who had been dispatched to respond to an incident involving Trnka shortly before he was struck, had directed that Trnka's vehicle be towed in accordance with certain police department tow rules. According to the plaintiff, those rules require the towing of unregistered vehicles like Trnka’s. Following a trial, the jury rejected the defendant's claim of governmental immunity, finding that Strand had a ministerial duty under those tow rules to have had Trnka’s vehicle towed, and awarded the plaintiff $12,200,000 in damages. The trial court thereafter granted in part the defendant's motion for remittitur and reduced the verdict to $6,200,000. The defendant appealed to the Appellate Court, which reversed the judgment of the trial court on the ground that the defendant was immune from suit because its tow rules did not impose on Strand a clear ministerial duty to tow Trnka’s vehicle. See Ventura v. East Haven, 170 Conn. App. 388, 414–15, 154 A.3d 1020 (2017). We granted the plaintiff’s petition for certification to appeal, limited to the issue of whether the Appellate Court correctly determined that governmental immunity barred the plaintiff’s action. Ventura v. East Haven, 325 Conn. 905, 156 A.3d 537 (2017). We affirm the judgment of the Appellate Court because we agree that the plaintiff's action is foreclosed by governmental immunity.")

AC40799 - Anderson v. Dike (Personal injury; "The plaintiff, Francis Anderson, appeals from the summary judgment rendered by the trial court in favor of the defendants, Charles Dike, Thomas Ward-McKinley, Steve Lazrove and Heather Madison. The plaintiff claims that the court improperly (1) granted the defendants' motion for summary judgment, (2) denied his motion for a jury trial and (3) denied his motions for the appointment of counsel. We affirm the judgment of the court.")


Tort Law Advance Release Opinions

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3319

AC40094 - Norris v. Trumbull (Negligence; "The sole issue raised in this appeal is whether a regional educational service center established, pursuant to General Statutes § 10-66a et seq., by four or more municipal boards of education is entitled to invoke sovereign immunity in a negligence action brought by a special needs student injured while attending a school operated and managed by the regional educational service center. The defendant Cooperative Educational Services appeals from the trial court's denial of its motion to dismiss on sovereign immunity grounds that portion of the operative complaint filed against it by the plaintiffs, Ashley Norris, a minor child acting through her mother and next friend, Bonita Wiggins, and Bonita Wiggins individually. The defendant claims that the court improperly determined that the defendant's role in supervising students committed to its care and custody is a municipal function that is not shielded by the doctrine of sovereign immunity. We disagree and conclude that the court properly denied the defendant's motion to dismiss. Accordingly, we affirm the judgment of the trial court.")

AC40263 - Villages, LLC v. Longhi (Fraud; "The plaintiff, Villages, LLC, appeals from the summary judgment rendered by the trial court in favor of the defendant, Lori Longhi, who at all relevant times was a member of the Enfield Planning and Zoning Commission (commission). The plaintiff claims on appeal that the court improperly concluded that (1) the defendant was not collaterally estopped from disputing liability, and (2) the defendant was entitled to summary judgment on the plaintiff's claims for fraudulent misrepresentation and intentional interference with a business expectancy. We affirm the judgment of the trial court.")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3309

AC40142 - Wood v. Rutherford (Battery; "This case concerns the conduct of a physician who discovered a complication during a postoperative examination. The plaintiff, Lauren Wood, appeals from the trial court's dismissal of her August 25, 2015 amended complaint, which alleged one count of battery and one count of negligent infliction of emotional distress against the defendant, Thomas J. Rutherford, M.D. The plaintiff claims that the court improperly concluded that those counts sounded in medical malpractice and, thus, required compliance with General Statutes § 52-190a. The plaintiff also challenges the propriety of the summary judgment rendered by the court on her February 8, 2016 revised complaint, which alleged that the defendant failed to obtain her informed consent before embarking on a course of treatment for a complication discovered during a postoperative examination. We agree with the plaintiff that the court improperly dismissed the battery and negligent infliction of emotional distress counts of her August 25, 2015 amended complaint, as those counts were predicated on an alleged lack of informed consent. We further conclude that a genuine issue of material fact exists as to whether a substantial change in circumstances occurred during the course of medical treatment that necessitated a further informed consent discussion between the parties, rendering summary judgment inappropriate. We, therefore, reverse the judgment of the trial court.")


Tort Law Appellate Court Opinion

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3289

AC40044 - Ravalese v. Lertora (Defamation; "The plaintiff, David Ravalese, appeals from the summary judgment rendered by the trial court in favor of the defendant, Joanne M. Lertora, on his complaint sounding in defamation. On appeal, the plaintiff sets forth two main claims: (1) the court improperly held that a report authored by the defendant was made for the purpose of litigation and, therefore, that the plaintiff's action for defamation was barred by the doctrine of absolute immunity; and (2) the court improperly held that the statute of limitations barred the action. We affirm the judgment of the court.")


Tort Law Appellate Court Opinions

   by Mazur, Catherine

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3279

AC40813 - Fiondella v. Meriden (Fraud; "The plaintiffs, Michael J. Fiondella, Jr., trustee of the Jo-An Carabetta 1983 Irrevocable Trust (trust), and The Meriden Homestead, LLC, appeal from the judgment of the trial court dismissing the counts of the complaint alleged against the defendants, Adele G. Eberhart, Harry S. Eberhart, and Vincent T. McManus, Jr. On appeal, the plaintiffs claim that the court improperly (1) applied the litigation privilege in favor of the defendants to conclude that it lacked subject matter jurisdiction and (2) construed the fraud and civil conspiracy allegations against the defendants. We agree that the court improperly applied the litigation privilege to determine that it lacked subject matter jurisdiction. We, therefore, reverse the judgment of the trial court.")

AC40752 - Jolen, Inc. v. Brodie & Stone, PLC (Breach of fiduciary duty; "The plaintiff, Jolen, Inc., appeals from the summary judgment rendered by the trial court in favor of the defendant, Brodie & Stone, PLC, and Brodie & Stone International, PLC, on the plaintiff's claim of breach of fiduciary duty. The plaintiff claims on appeal that, in view of the court's unchallenged determination that an agency relationship existed between the parties, its subsequent failure to conclude that such relationship was per se fiduciary in nature was incorrect as a matter of law. We agree and, accordingly, reverse the judgment of the trial court.")

AC40610 - Perez v. Metropolitan District Commisssion (Wrongful death; "This case arises from the untimely death of Andres Burgos, who drowned while swimming in Lake McDonough, a recreational area that is owned and operated by the defendant, the Metropolitan District Commission. The plaintiff, Vivian Perez, administratrix of the estate of Andres Burgos, appeals from the summary judgment rendered by the trial court in favor of the defendant on the basis of governmental immunity. On appeal, the plaintiff claims that the trial court erred in rendering summary judgment because there is a genuine issue of material fact with respect to (1) whether Burgos' death was caused by the defendant's breach of one or more of its ministerial duties, and (2) whether Burgos was an identifiable person subject to imminent harm. We are not persuaded and, accordingly, affirm the judgment of the trial court.")


Business Law Appellate Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3265

AC39973 - DE Auto Transport, Inc. v. Eurolite, LLC (Wrongful repossession, statutory theft; "The plaintiff, DE Auto Transport, Inc., appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the defendants, Eurolite, LLC (Eurolite), and Leopold Zayaczkowski. On appeal, the plaintiff claims that the trial court erred in its damages analysis. We disagree and, accordingly, affirm the judgment of the trial court.")


Tort Law Supreme Court Opinions

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3258

SC19867 - Graham v. Commissioner of Transportation ("In this appeal, we consider whether the waiver of sovereign immunity under General Statutes § 13a-144, the state's highway defect statute, extends to a claim that the state police failed to close a bridge before a crew from the Department of Transportation (department) could arrive to address an icy surface on that bridge. The defendant, the Commissioner of Transportation (commissioner), appeals, upon our grant of his petition for certification, from the judgment of the Appellate Court reversing the trial court's grant of summary judgment in favor of the commissioner on the ground that the personal injury action brought by the plaintiff, Barry Graham, was barred by sovereign immunity. Graham v. Commissioner of Transportation, 168 Conn. App. 570, 611, 148 A.3d 1147 (2016). On appeal, the commissioner asks us to overrule this court's decision in Lamb v. Burns, 202 Conn. 158, 520 A.2d 190 (1987), to the extent that it expands the waiver of sovereign immunity under § 13a-144 to include actions of the state police. We decline to overrule Lamb, and conclude that the waiver of sovereign immunity under § 13a-144 extends to the actions of state employees other than those employed by the commissioner, but only to the extent that they are performing duties related to highway maintenance and the plaintiff proves that a relationship exists between the commissioner and the state employee such that the commissioner can be found to have breached his statutory duty to keep the highways, bridges, or sidewalks in repair. We further conclude that, in the present case, there is nothing in the record to indicate that the requisite relationship existed between the commissioner and the state police. Accordingly, we reverse in part the judgment of the Appellate Court.")


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