Category: Connecticut Appellate & Supreme Courts Opinions

821 A.2d 766 GUY POIRIER ET AL. v. ZONING BOARD OF APPEALS OF THE TOWN OF WILTON Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 75 Conn. App. 289 (AC 22063), is denied. SULLIVAN, C. J., did not participate in the consideration or decision of this petition. Jennifer […]

441 A.2d 151 NANCY LOPINTO v. FRANK C. HAINES, JR. Supreme Court of Connecticut SPEZIALE, C.J., PETERS, HEALEY, PARSKEY and ARMENTANO, Js. The plaintiff, who had sold a building lot to the defendant, sought to enjoin him from violating a restrictive covenant in the deed conveying the lot. The defendant counterclaimed for reformation of the […]

348 A.2d 651 WINDHAM COMMUNITY MEMORIAL HOSPITAL v. CITY OF WILLIMANTIC Supreme Court of Connecticut SHAPIRO, LOISELLE, MACDONALD, BOGDANSKI AND HEALEY, Js. One who demands payment of a claim against a municipality must show some law authorizing it, or that it arises from some contract, express or implied, which Is sanctioned by law. For an […]

979 A.2d 494 MICHAEL STEIN v. NANCY TONG (AC 29949)Appellate Court of Connecticut DiPentima, Harper and Hennessy, Js. Syllabus The plaintiff sought to recover damages from the defendant for negligence in connection with personal injuries he sustained in a fall on certain property that he leased. The trial court rendered judgment in favor of the […]

657 A.2d 1110 FIRST CONSTITUTION BANK v. HARBOR VILLAGE LIMITED PARTNERSHIP ET AL. (11548)Appellate Court of Connecticut O’CONNELL, FOTI and LAVERY, Js. The Supreme Court remanded to this court the plaintiff bank’s appeal from the trial court’s judgment determining that a certain mechanic’s lien had priority over the plaintiff’s mortgage on property owned by the […]

423 A.2d 105 MICHAEL PAPA ASSOCIATES v. LESLIE JULIAN ET AL. Supreme Court of Connecticut COTTER, C.J., LOISELLE, BOGDANSKI, LONGO and PETERS, Js. Argued June 8, 1979 Decision released July 17, 1979 Appeal by the plaintiff from a judgment rendered by the Superior Court in the judicial district of Waterbury, Bieluch, J., reducing the amount […]

771 A.2d 243 JAMES SANSONE ET AL. v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY (AC 20165)Appellate Court of Connecticut Schaller, Mihalakos and Hennessy, Js. Argued January 9, 2001 Officially released March 27, 2001 Procedural History Action to recover proceeds allegedly due under a property insurance policy issued by the defendant, brought to the Superior Court in […]

512 A.2d 230 CAMILLE ADDARIO ET AL. v. LAVIN ENTERPRISES, INC. Supreme Court of Connecticut The plaintiffs’ petition for certification for appeal from the Appellate Court is denied. Joy Kony Peshkin, in support of the petition. Richard E. MacLean, in opposition. Decided June 12, 1986 Page 806

381 A.2d 1371 PETER H. GALULLO ET AL. v. CITY OF WATERBURY ET AL. Supreme Court of Connecticut The application by William T. Barrante for permission to file a brief as amicus curiae in the appeal from the Court of Common Pleas in the judicial district of Waterbury is granted by the court. William T. […]

837 A.2d 805 BEVERLY L. GRIMM v. ROBERT L. GRIMM Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court (AC 23901) is dismissed. John Wayne Fox, in support of the petition. Gaetano Ferro, in opposition. Decided December 2, 2003 Page 1

714 A.2d 51 MICHAEL MEADOWS v. HARRISON SCOTT HIGGINS ET AL. (AC 17533)Appellate Court of Connecticut Foti, Schaller and Dupont, Js. SYLLABUS The defendants appealed to this court from the judgment of the trial court ordering strict foreclosure of a mechanic’s lien filed by the plaintiff to secure payment for certain painting and wallpapering services […]

505 A.2d 25 AUDREY ZARRELLI ET AL., CO-ADMINISTRATORS (ESTATE OF JANICE GOODWIN) v. THE BARNUM FESTIVAL SOCIETY, INC., ET AL. (3239)Appellate Court of Connecticut HULL, SPALLONE and DALY, Js. The plaintiff co-administrators of the estate of a twenty-two year old woman, who had been crushed by the wheels of a parade float, sought damages for […]

557 A.2d 559 RICHARD J. BONELLI v. SANDRA A. BONELLI (6247)Appellate Court of Connecticut DUPONT, C. J., BORDEN and NORCOTT, Js. The defendant appealed from the judgment of the trial court dissolving her marriage to the plaintiff and making certain financial awards. She claimed, inter alia, that the trial court erred in denying her motions […]

669 A.2d 631 ARTHUR BARLOW v. COMMISSIONER OF CORRECTION (14455)Appellate Court of Connecticut Lavery, Schaller and Hennessy, Js. Argued December 12, 1995 Decision released January 23, 1996 Amended petition for a writ of habeas corpus, brought to the Superior Court in the judicial district of Tolland, where the court, Sferrazza, J., granted the respondent’s motion […]

369 A.2d 1121 STATE OF CONNECTICUT v. RONALD ZDANIS Supreme Court of Connecticut The defendant’s motion to set aside the judgment and to remand the case to the trial court with direction to render a final judgment of not guilty for the defendant in the appeal from the Superior Court in Hartford County is granted […]

943 A.2d 473 MICHAEL MCCLEAN v. COMMISSIONER OF CORRECTION Supreme Court of Connecticut The petitioner Michael McClean’s petition for certification for appeal from the Appellate Court, 103 Conn. App. 254 (AC 26244), is denied. Michael McClean, pro se, in support of the petition. Nancy L. Chupak, assistant state’s attorney, in opposition. Decided January 23, 2008

583 A.2d 132 BASMA SHAHAM v. JOHN CAPPARELLI ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 23 Conn. App. 468, is granted, limited to the following issues: “1. Did the Appellate Court properly determine that the evidence offered in rebuttal was properly excluded by the trial […]

474 A.2d 488 STATE OF CONNECTICUT v. MICHAEL MARSALA (2077) (2078)Appellate Court of Connecticut TESTO, HULL and DUPONT, Js. Convicted of the crimes of harassment, of threatening and of criminal mischief, the defendant appealed. Held: 1. Because, the defendant’s claim to the contrary notwithstanding, the charges of harassment and of threatening did not arise out […]

523 A.2d 1375 DANIEL DEVARTI v. THEODORE L. KEMP (5169)Appellate Court of Connecticut HULL, BORDEN and SPALLONE, Js. Submitted on briefs April 6, 1987 Decision released April 10, 1987 Action to recover amounts allegedly due for services rendered to the defendant, and for other relief, brought Page 804 to the Superior Court in the judicial […]

684 A.2d 725 STATE OF CONNECTICUT v. HECTOR SILVA (13935)Appellate Court of Connecticut SCHALLER, SPEAR and DALY, Js. Convicted of the crimes of manslaughter in the first degree, attempted assault in the first degree and conspiracy to commit assault in the first degree, the defendant appealed to this court claiming, inter alia, that the trial […]

227 A.2d 89 OLIVER DeDOMINICIS ET AL. v. THE CORNFIELD POINT ASSOCIATION Supreme Court of Connecticut KING, C.J., ALCORN, COTTER, THIM and RYAN, Js. The defendant association purchased real estate from J, the trustee of an estate, and, as part of the purchase price, it executed a series of notes to J which were secured […]

967 A.2d 237 STATE OF CONNECTICUT v. JASON SHOLA AKANDE. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 111 Conn. App. 596 (AC 27755), is granted, limited to the following issue: Page 919 “Did the Appellate Court properly determine that the defendant waived his claim that the jury […]

950 A.2d 1291 STATE OF CONNECTICUT v. DAVID C. WRIGHT. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 107 Conn. App. 85 (AC 27407), is denied. Robert E. Byron, special public defender, in support of the petition. Page 915 Adam E. Mattei, special deputy assistant state’s attorney, in […]

815 A.2d 1216 STATE OF CONNECTICUT v. SCOTT SMITH (SC 16606)Supreme Court of Connecticut Sullivan, C.J., and Borden, Norcott, Katz and Vertefeuille, Js. Syllabus Convicted of the crimes of murder, sexual assault in the first degree and sexual assault in the third degree, the defendant appealed to the Appellate Court claiming, inter alia, that the […]

657 A.2d 247 STATE OF CONNECTICUT v. LUIS COLON (13022)Appellate Court of Connecticut LAVERY, SCHALLER and HENNESSY, Js. Convicted of the crime of assault of an employee of the department of correction, the defendant appealed to this court claiming, inter alia, that the trial court’s jury instruction referring to the jury as an arm of […]

STATE OF CONNECTICUT v. KATHLEEN PAMELA LAVIGNE 995 A.2d 94 (AC 29098)Appellate Court of Connecticut DiPentima, Harper and Lavine, Js.[*] [*] The listing of judges reflects their seniority status on this court as of the date of oral argument. Syllabus Convicted of the crime of larceny in the second degree by embezzlement from a person […]

802 A.2d 814 ANTHONY R. MARTIN v. JAMES BRADY ET AL. (SC 16583)Supreme Court of Connecticut Borden, Norcott, Katz, Vertefeuille and Zarella, Js. Syllabus The plaintiff sought damages from the defendant state police officers alleging that they had violated his state constitutional rights while searching his property and arresting him pursuant to an extradition arrest […]

937 A.2d 699 COREY BROOKS v. COMMISSIONER OF CORRECTION (AC 27944)Appellate Court of Connecticut Bishop, Gruendel and Cretella, Js. Syllabus The petitioner, who had pleaded guilty to charges of violation of probation and possession of narcotics and who had been sentenced to ten years Page 150 incarceration, sought a writ of habeas corpus, claiming, inter […]

564 A.2d 303 LARRY E. CHACE v. GEORGE D. BRONSON, WARDEN (7486)Appellate Court of Connecticut SPALLONE, O’CONNELL and STOUGHTON, Js. The petitioner, who had been convicted of the crime of murder, sought a writ of habeas corpus claiming that he had been denied the effective assistance of counsel. The habeas court dismissed his petition, and […]

402 A.2d 777 CONNECTICUT STATE LABOR RELATIONS BOARD v. CONNECTICUT YANKEE GREYHOUND RACING, INC., ET AL. Supreme Court of Connecticut COTTER, C.J., LOISELLE, BOGDANSKI, LONGO and PETERS, Js. At a hearing, as here, to determine the validity of a claimed right of a labor union to represent certain workers, the state board of labor relations […]

71 A.2d 557 CATHERINE E. McMAHON, ADMINISTRATRIX (ESTATE OF RAYMOND J. McMAHON) v. THE NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, DICKENSON AND INGLIS, Js. A common carrier is bound to exercise a degree of care for the protection of a passenger known to be intoxicated […]

320 A.2d 801 STATE OF CONNECTICUT v. ORLANDO BAKER Supreme Court of Connecticut HOUSE, C.J., SHAPIRO, LOISELLE, MACDONALD and BOGDANSKI, Js. The defendant, convicted of selling marijuana and having under his control a quantity of a controlled drug, claimed that because he was arrested six months after the warrant for his arrest had been issued, […]

457 A.2d 303 CHERYL MCINERNEY, ADMINISTRATRIX (ESTATE OF MICHAEL MCINERNEY) ET AL. v. CECIO BROTHERS, INC., ET AL. (10584)Supreme Court of Connecticut HEALEY, PARSKEY, SHEA, GRILLO and COVELLO, Js. Argued February 10, 1983 Decision released March 22, 1983 Action in nine counts to recover damages for, inter alia, wrongful death, brought to the Superior Court […]

908 A.2d 1073 IN RE CHRISTINA M. ET AL.[*] Nos. (SC 17511), (SC 17512).Supreme Court of Connecticut [*] In accordance with the spirit and intent of General Statutes § 46b-142 (b) and Practice Book § 79-3, the names of the parties involved in this appeal are not disclosed. The records and papers of this case […]

DALE J. HOGAN ET AL. v. TERESA B. LAGOSZ 6 A.3d 112 (AC 30545)Appellate Court of Connecticut Bishop, Gruendel and Harper, Js. Syllabus The plaintiffs sought a declaratory judgment determining the rights of the parties as to a claimed right-of-way over certain of the defendant L’s real property. The trial court granted the plaintiffs’ motion […]

366 A.2d 1164 STATE OF CONNECTICUT v. JAMES R. SESLER, JR. Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Session of the Superior Court is denied. Richard Emanuel, assistant public defender, in support of the petition. Submitted December 15, 1976 Decided December 20, 1976 Page 703

782 A.2d 1254 DOROTHY M. WEISS v. ROBERT L. BERGEN ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court, 63 Conn. App. 810 (AC 21112), is denied. Kevin E. Creed, in support of the petition. Frederick L. Murolo, in opposition. Decided September 20, 2001

114 A.2d 216 DOMENICK ANTENUCCI ET AL. v. THE HARTFORD ROMAN CATHOLIC DIOCESAN CORPORATION Supreme Court of Connecticut INGLIS, C.J., BALDWIN, O’SULLIVAN, WYNNE and DALY, Js. An owner of land abutting upon a public highway is presumed to own the fee of the land to the center of the highway and thus to have the […]

783 A.2d 1214 COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES v. HUMAN RIGHTS REFEREE OF THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES ET AL. (AC 20352)Appellate Court of Connecticut Landau, Mihalakos and Dupont, Js. Syllabus The plaintiff commission on human rights and opportunities appealed to this court from the decision by the trial court determining that […]

16 A.2d 593 GESSOMINA CIARLEGLIO v. BENEDICT COMPANY, INC. Supreme Court of Connecticut MALTBIE, C. J., AVERY, BROWN, JENNINGS and ELLS, Js. Where the defendant agreed to sell gasoline to the plaintiff for five and one-half cents under the defendant’s posted retail price, and that price included four cents in taxes, the base was the […]

919 A.2d 421 LYDALL, INC. v. WALTER A. RUSCHMEYER. No. (SC 17612).Supreme Court of Connecticut Borden, Norcott, Katz, Palmer and Vertefeuille, Js. Syllabus Pursuant to the provision of the Connecticut Uniform Trade Secrets Act (CUTSA) (§ 35-51 [d]) defining the term “trade secret,” business information constitutes a trade secret subject to protection when it “[d]erives […]

42 A.2d 360 HUGH D. PERKINS v. MARIE WEIBEL ET AL. Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. While an abutting owner ordinarily is under no duty to keep the sidewalk in front of his property in a reasonably safe condition for public travel, he is liable in damages for […]

571 A.2d 143 MARY ELLEN GUINAN v. DIRECT MARKETING ASSOCIATION, INC., ET AL. (8518)Appellate Court of Connecticut DUPONT, C.J., DALY, NORCOTT, FOTI and LAVERY, Js. The defendant employer and its defendant workers’ compensation insurance carrier appealed to this court from a ruling of the workers’ compensation review division granting the plaintiff’s motion to preclude the […]

762 A.2d 908 STATE OF CONNECTICUT v. THOMAS HUGHES Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 58 Conn. App. 784 (AC 19119), is denied. Robert J. Sullivan, Jr., in support of the petition. Decided November 8, 2000

201 A.2d 185 HARRY H. GRILLS v. PEPSI-COLA BOTTLING COMPANY OF NEW LONDON, INC., ET AL. Supreme Court of Connecticut KING, C.J., MURPHY, ALCORN, COMLEY and HOUSE, Js. The plaintiff, a self-employed machinery repairman who had been called in by the defendant company to repair a recently installed bottling machine which jammed when company workmen […]

230 A.2d 568 THE SHERMAN-COLONIAL REALTY CORPORATION ET AL. v. DONALD E. GOLDSMITH ET AL. Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. The mere filing of maps for a subdivision of a parcel of real estate does not preclude the application of subsequent subdivision regulations. To be a nonconforming use, […]

298 A.2d 571 JOSEPH W. BAILEY v. JOSEPH B. RYAN Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Division of the Court of Common Pleas is denied. Harry T. Constas, in support of the petition. Submitted December 19, 1972 Decided January 2, 1973

221 A.2d 273 SAMPSON TKACZYK ET AL. v. KENNETH GALLEGHER Supreme Court of Connecticut The motion by the plaintiffs to set aside the judgment of dismissal of the appeal from the Superior Court in New Haven County is denied. Sampson Tkaczyk, Evelyn Tkaczyk and Julia Cravens, pro se, on the motion. Submitted July 19, 1966 […]

26 A.2d 780 EDWARD H. HART v. BOARD OF EXAMINERS OF EMBALMERS OF THE STATE OF CONNECTICUT. Supreme Court of Connecticut MALTBIE, C.J., AVERY, BROWN, JENNINGS and ELLS, Js. The plaintiff applied to the defendant board for a funeral director’s license and was refused in September, 1940. After the trial of the present case but […]

879 A.2d 544 STATE OF CONNECTICUT v. ERIC EDMAN. No. (AC 25033).Appellate Court of Connecticut Schaller, Gruendel and Hennessy, Js. Syllabus Convicted, on a conditional plea of nolo contendere, of the crimes of possession of narcotics and possession of a controlled substance, the defendant appealed to this court. He claimed that the trial court improperly […]

22 A.2d 13 THE CONNECTICUT BAPTIST CONVENTION v. JOHN W. MURPHY. Supreme Court of Connecticut MALTBIE, C. J., AVERY, BROWN, JENNINGS and ELLS, Js. Considering the broad discretion vested in the mayor by the act of 1927 in acting upon applications for certificates of approval of locations for stations for the sale of gasoline, held […]

705 A.2d 551 BENJAMIN GYADU v. D’ADDARIO INDUSTRIES ET AL. Supreme Court of Connecticut The plaintiff’s petition for certification for appeal from the Appellate Court (AC 17260) is denied. Benjamin Gyadu, pro se, in support of the petition. Decided January 8, 1998 Page 962

734 A.2d 1040 RICHARD BOWMAN v. JACK’S AUTO SALES ET AL. (AC 17376)Appellate Court of Connecticut O’Connell, C.J., and Lavery and Sullivan, Js. Syllabus The plaintiff, who had been awarded permanent partial disability benefits for injuries he sustained to his hands when a battery exploded during the course of his employment by the named defendant, […]

320 A.2d 830 IRENE SCHWARTZ ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF HAMDEN ET AL. MELINDA DANIELS ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF HAMDEN ET AL. MELINDA DANIELS ET AL. v. PLANNING AND ZONING COMMISSION OF THE TOWN OF HAMDEN ET AL. (No. 84584) (No. 84849) […]

296 A.2d 683 HENRY JABLONECKI v. ROBERT SCHNETZLER ET AL. Supreme Court of Connecticut The named defendant’s motion to vacate the order of the trial court to open the judgment of dismissal from the Superior Court in Hartford County is denied. Noble K. Pierce, in support of the motion. Submitted November 3, 1972 Decided November […]

STATE OF CONNECTICUT v. SHERMAN MANSON 984 A.2d 1099 (AC 27561)Appellate Court of Connecticut Beach, Robinson and Peters, Js. Syllabus Convicted of the crimes of sexual assault in the first degree, burglary in the first degree and unlawful restraint in the first degree, the defendant appealed to this court. He claimed, inter alia, that the […]

741 A.2d 15 VERNON J. LEFTRIDGE v. ADMINISTRATOR, UNEMPLOYMENT COMPENSATION ACT, ET AL. (AC 19149)Appellate Court of Connecticut O’Connell, C.J., and Spear and Mihalakos, Js. Submitted on briefs November 3, 1999 Officially released November 30, 1999 Plaintiff’s appeal from the Superior Court in the judicial district of New London at Norwich, Hon. D. Michael Hurley, […]

243 A.2d 82 GEORGE W. GILBERT v. CIVIL SERVICE COMMISSION OF NEW BRITAIN Supreme Court of Connecticut The “Motion to Order a Finding Be Made by the Trial Court” having been considered, the ruling of the trial court that a finding is unnecessary is hereby vacated, and it is hereby ordered that the trial court […]

638 A.2d 1101 JOAN M. HONEGGER ET AL. v. LISA L. PLATT (12423)Appellate Court of Connecticut O’CONNELL, FREEDMAN and SPEAR, Js. Argued February 22, 1994 Decision released March 22, 1994 Action to recover damages for personal injuries sustained by the named plaintiff in an automobile accident as a result of the defendant’s alleged negligence, brought […]

769 A.2d 49 MARIBETH BENEDETTO LIGHTOWLER ET AL. v. CONTINENTAL INSURANCE COMPANY ET AL. (SC 16323)Supreme Court of Connecticut Borden, Norcott, Katz, Palmer and Vertefeuille, Js. Syllabus The plaintiff, acting in both her capacity as an individual and her capacity as executor of the estate of her deceased father, sought to recover from the defendant […]

586 A.2d 635 E. JANICE AUGERI v. PLANNING AND ZONING COMMISSION OF THE CITY OF MIDDLETOWN ET AL. (8869)Appellate Court of Connecticut DUPONT, C.J., O’CONNELL and LANDAU, Js. By public act (P.A. 88-79), if any zoning appeal taken on or after October 1, 1985, and prior to December 1, 1987, has failed to be tried […]

505 A.2d 1266 STATE OF CONNECTICUT v. ERNST WEBER (2072)Appellate Court of Connecticut DUPONT, C.J., SPALLONE and BIELUCH, Js. Convicted of the crimes of breach of the peace (53a-181 [a] [5]) and interfering with a police officer (53a-167a), the defendant appealed. Held: 1. The record did not contain sufficient information upon which this court could […]

229 A.2d 702 THE DRAZEN LUMBER COMPANY v. CLIFFORD W. CASNER ET AL. Supreme Court of Connecticut The motion by the plaintiff for an order to the trial court to correct the finding in the appeal from the Court of Common Pleas in New Haven County is denied. Practice Book § 675. Nathan A. Resnik, […]

670 A.2d 1307 STATE OF CONNECTICUT v. RUSSELL C. HUNTER Supreme Court of Connecticut The defendant’s petition for certification for appeal from the Appellate Court, 37 Conn. App. 907 (AC 13358), is granted, limited to the following issues: “Under the circumstances of this case: 1. Did the Appellate Court properly conclude that the trial court […]

572 A.2d 944 STATE OF CONNECTICUT v. ROBERT SOMERVILLE (13536) (13550)Supreme Court of Connecticut PETERS, C.J., SHEA, CALLAHAN, COVELLO and HULL, Js. From the defendant’s conviction of the crime of possession of cocaine with intent to sell by a person who is not drug-dependent, the state, on the granting of permission, appealed to this court […]

374 A.2d 163 F. FRANCIS D’ADDARIO v. COMMISSIONER OF TRANSPORTATION Supreme Court of Connecticut HOUSE, C.J., LOISELLE, BOGDANSKI, LONGO and BARBER, Js. The defendant commissioner of transportation appealed from the judgment of the state referee who had reassessed damages for the condemnation of a portion of the plaintiff’s property. The referee had awarded $18,700 damages […]

629 A.2d 413 DENNIS JACKSON v. COMMISSIONER OF CORRECTION (14559)Supreme Court of Connecticut PETERS, C.J., CALLAHAN, BORDEN, BERDON and NORCOTT, Js. The petitioner, who had been convicted of the crimes of sexual assault in the first degree, kidnapping in the second degree, and robbery in the first degree, sought a writ of habeas corpus claiming […]

384 A.2d 378 AMERICAN MASONS’ SUPPLY COMPANY v. F. W. BROWN COMPANY ET AL. Supreme Court of Connecticut HOUSE, C.J., COTTER, LOISELLE, BOGDANSKI and SPEZIALE, Js. By statute (49-42) those supplying labor and materials to a subcontractor on a construction project can seek reimbursement under a statutory (49-41) payment bond provided by the general contractor. […]

91 A.2d 773 STATE EX REL. JOSEPH M. ROURKE v. ARTHUR T. BARBIERI, TOWN CLERK OF NEW HAVEN Supreme Court of Connecticut BROWN, C.J., JENNINGS, BALDWIN, INGLIS and O’SULLIVAN, Js. The purpose of the Home Rule Act of 1951 was to avoid the necessity of action by the General Assembly and to repose in the […]

542 A.2d 1178 PETER DRISCOLL v. TOWN OF WINCHESTER (6103)Appellate Court of Connecticut BORDEN, DALY and NORCOTT, Js. Submitted on briefs May 9, 1988 Decision released May 19, 1988 Action to recover damages for personal injuries sustained in a motor vehicle accident allegedly resulting from a defective highway condition, brought to the Superior Court in […]

780 A.2d 932 TYLER E. LYMAN, INC. v. ALBERT C. LODRINI ET AL. (AC 19480)Appellate Court of Connecticut Lavery, C.J., and Spear and Mihalakos, Js. Syllabus The defendants appealed to this court following the denial by the trial court of their motion to open and set aside the default judgment rendered against them in the […]

6 A.2d 359 STATE OF CONNECTICUT v. LYMAN F. SWIFT. Supreme Court of Connecticut MALTBIE, C.J., HINMAN, AVERY, BROWN and JENNINGS, Js. There was no error in the ruling of the court denying the defendant’s motion to set aside the verdict finding him guilty of the count charging him with operating a motor vehicle while […]

502 A.2d 432 VIRGINIA M. PATRICK v. J. WILLIAM BURNS, COMMISSIONER OF TRANSPORTATION HOWARD W. RATEGAN v. VIRGINIA M. PATRICK ET AL. JEANNE M. DELEHANTY ET AL., ADMINISTRATRICES (ESTATE OF KATHLEEN ANDERSON) v. VIRGINIA M. PATRICK ET AL. (3113) (3114) (3115)Appellate Court of Connecticut DUPONT, C. J., HULL and BORDEN, Js. The defendant state commissioner […]

262 A.2d 174 ANNA LITTLE v. HOWARD S. IVES, HIGHWAY COMMISSIONER OF THE STATE OF CONNECTICUT Supreme Court of Connecticut KING, C.J., ALCORN, HOUSE, THIM and RYAN, Js. It is Presumed that statutes affecting substantive rights are intended to operate prospectively, and to furnish a rule for future cases only, unless they contain language unequivocally […]

6 A.2d 354 WALTER JOHNSON v. LOUISE B. FISKE. Supreme Court of Connecticut MALTBIE, C.J. HINMAN, AVERY, BROWN and JENNINGS, Js. The court quoted from the statute in these words: “No person shall operate a motor vehicle upon any public highway of the state at a rate of speed greater than is reasonable, having regard […]

29 A.2d 774 MORRIS A. FIERBERG v. THOMAS F. MOULTON. Supreme Court of Connecticut MALTBIE, C.J., BROWN, JENNINGS, ELLS and DICKENSON, Js. Argued December 2, 1942 Decided December 28, 1942. ACTION to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant, brought to the Court of Common Pleas […]

717 A.2d 161 JULIO SALAMAN, ADMINISTRATOR (ESTATE OF JAIME C. SALAMAN) v. CITY OF WATERBURY ET AL. (SC 15653)Supreme Court of Connecticut Callahan, C.J., and Norcott, Katz, McDonald and Peters, Js. SYLLABUS The plaintiff administrator sought damages for the wrongful death of his decedent, who drowned while swimming in a reservoir owned by the named […]

413 A.2d 859 DIANE COMBA ET AL. v. TOWN OF RIDGEFIELD ET AL. Supreme Court of Connecticut LOISELLE, BOGDANSKI, LONGO, PETERS and PARSKEY, Js. On appeal from the judgment sustaining demurrers to certain counts of the plaintiffs’ complaint seeking damages for personal injuries suffered by the named plaintiff when an overhanging tree limb fell on […]

733 A.2d 851 TOSHIBA AMERICA MEDICAL SYSTEMS, INC. v. MOBILE MEDICAL SYSTEMS, INC., ET AL. Supreme Court of Connecticut The defendant Paul Petonito’s petition for certification for appeal from the Appellate Court, 53 Conn. App. 484 (AC 17755), is denied. Page 931 Christopher M. Royston, in support of the petition. Decided July 7, 1999