The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Tort Law Appellate Court Opinions

by Booth, George

 

AC42164 - Devine v. Fusaro (Wrongful death; subject matter jurisdiction; claim that trial court improperly granted motion to dismiss action on ground that it was barred by doctrine of sovereign immunity; "The plaintiff, Michael Devine, administrator of the estate of Timothy Devine (Devine), appeals from the judgment of the trial court rendered after the granting of the motion filed by the defendants, Louis Fusaro, Jr., Steven Rief, Michael Avery, and Kevin Cook, to dismiss his wrongful death action, which involves the suicide of Devine after a standoff with law enforcement, including the defendants, who are members of the tactical unit of the State Police. On appeal, the plaintiff claims that the court incorrectly dismissed the action on the ground that it was barred by sovereign immunity. In granting the motion to dismiss, the court concluded that the facts alleged in the complaint satisfied all four criteria of the test set forth in Spring v. Constantino, 168 Conn. 563, 362 A.2d 871 (1975), rendering the lawsuit an action brought against the defendants in their official capacities. We affirm the judgment of the trial court.")

AC42154 - Ahrens v. Hartford Florists' Supply, Inc. (Product liability; motion to dismiss; personal jurisdiction; motion to implead; claim that trial court erred in granting motions to dismiss third-party complaint; claim that trial court applied incorrect standard when it found that strict compliance with statutes (§§ 52-102a and 52-577a (b)) was required when impleading third party into product liability case; "This appeal involves a dispute between Delaware Valley Floral Group, Inc. (Delaware), a defendant in the underlying tort action, and third-party defendants, Fall River Florist Supply Corporation (Fall River) and Pennock Company (Pennock). Delaware appeals from the judgment of the trial court granting the third-party defendants' motions to dismiss its third-party complaint. On appeal, Delaware argues that the court erred in granting the motions by, inter alia, improperly construing General Statutes §§ 52-102a and 52-577a (b). We disagree and, accordingly, affirm the judgment of the trial court.")