Gregory v. Gregg The
defendant driver in a personal injury automobile car
accident case involving ice and snow could not challenge
the court’s instruction to the jury regarding the sudden
emergency doctrine because no jury interrogatories were
filed.
Stancuna v. Stancuna
A divorce court held that it was appropriate for
the children to travel out of the country with their
mother without giving advance notice to the father in a
case where the mother had taken significant steps to
establish a home and career in Connecticut, the father
engaged in excessive litigation, failed to pursue a job to
help support the children, failed to seek help for his
psychological issues, and failed to accept the importance
to the children of the mother’s overseas family.
Eisenlohr v. Eisenlohr
A divorce court can make orders that restrict a
parent’s ability to seek to modify custody and
visitation. Such
orders are appropriate when a parent fails to follow
family court orders, causes the parties and guardian ad
litem to waste money and resources, and makes false
reports to government agencies such as DCF.
State v.
Ernesto
The Connecticut “sexting” statute was meant to
provide a misdemeanor alternative for youths who send or
receive obscene photographs of themselves. An adult
who takes obscene photographs of a minor may still face
criminal charges for the felony of employing a minor in an
obscene performance and this crime may be charged against
a person who takes the photographs solely for personal
use.
Canty
v. Otto A division of assets as part
of a divorce case can be considered a transfer under the
fraudulent conveyance act.
The court found that the husband had transferred
most of his assets to his wife in their divorce agreement
in an attempt to protect the assets from being attached in
a wrongful death lawsuit brought by the family of a woman
that the husband had been accused of killing.
Ruiz
v. Victory Properties, LLC A
landlord who allowed buckets, trash, rocks and broken
concrete pieces to remain in an area where children played
could be sued for personal injury when a child carried one
of the concrete pieces to a third floor porch and threw it
off, causing serious injuries to another child.
Wood
v. Club, LLC In a personal
injury case stemming from an assault at a bar, the trial
court properly allowed an experienced bouncer to testify
as an expert witness, even though he had no formal
education, certification or license in the field of bar
security, because his on the job training gave him
knowledge regarding bar security that was not common to
the average person.
Parlato
v. Parlato
A Connecticut divorce
court had the power to issue a contempt order that a
spouse return to the marital estate the money that he
withdrew from a joint home equity line of credit four
weeks before his wife filed for divorce.
Mollica
v. Toohey A Connecticut court
ruled in a personal injury case that members of a
household should have sued within two years of first
realizing that toxic mold, bacteria and contamination in
their apartment was causing them to have lung and
breathing problems.
Lynch v. Lynch
In the final divorce judgment, the divorce court should
have included the amount of back support that was not paid
pursuant to the orders entered while the divorce case was
in divorce court
Himmelstein
v. Windsor A bicyclist who suffered a
personal injury in an accident when he hit a radar sign
placed by the Town of Windsor on a State highway (Route
159) should have sued the State of Connecticut and not the
town because on State highways the State has the duty to
keep the roadways safe for travel. The court stated
that the way in which a hazard is created does not matter
in a case brought under the Connecticut statute for
accidents on State maintained streets, roads, bridges and
sidewalks; what matters is that the hazard exists, causing
a personal injury.
Atkinson
v. Santore
A Connecticut court threw out a personal injury case
brought under the dog bite statute because the dogs did
not attack the plaintiff but only went near a rabid racoon
before the plaintiff brought the dogs into the house where
she was babysitting. The court noted that the dogs
"did not bite, attack, scratch, menace or othewise
directly harm the plaintiff," who received rabies
shots on the advise of her doctor.
State
v. Fontaine The following evidence was
sufficient for the defendant to be found guilty of driving
while under the influence (DUI / DWI): the defendant
drove his moped erratically, his eyes were bloodshot and
glassy, he smelled of liquor, he failed the walk and turn
test, he refused the one leg stand test, and he refused to
complete the horizontal gaze nystagmus test.
Peterson
v. Sykes-Peterson
A “sunset” clause in the parties’ prenuptial
agreement that the agreement automatically ended at a
certain date was still enforceable, even though the
divorce case was filed before that date, because the case
was still pending in divorce court on that date.
A prenuptial agreement with a sunset clause is not
against public policy on the theory that it encourages
parties to file for divorce.