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.
Wisniewski v. Darien The
driver and passenger in a car could win a personal injury
lawsuit against a town when they were injured by a tree
limb falling onto their car.
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.
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.
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.
Vendrella
v. Astriab Fam. Lmtd. Partnership
In
an animal attack personal injury case involving a horse
bite, the trial court erred by granting summary judgment
against the plaintiffs on the rationale that no proof had
been put forward that the horse owner knew or should have
known the horse was likely to cause injury by biting a
person. The
Appellate Court noted that a veterinarian, a police
officer who was a lifelong horse rider, and the owner all
stated that horses could bite unexpectedly at any time.
The Court stated that horse owners would be liable
for horse bites causing personal injury, even if by
accident, because they should know that horses are animals
naturally inclined to do mischief or to be vicious.
The Court contrasted cat owners, who would be
liable only if they knew that their specific can had
dangerous tendencies, as “a cat’s disposition is
kindly and docile, and by nature it is one of the most
tame and harmless of all domestic animals.’’
Bell
v. Hospital of St. Raphael
In
a medical malpractice personal injury case, it is
necessary that the medical opinion letter, which is
required to sue for malpractice, set forth the
qualifications of the doctor or other medical provider who
provides the letter.
New
London County Mut. Ins. Co. v. Nantes A
homeowner’s insurance claim could not be brought by two
houseguests who suffered serious personal injuries from
carbon monoxide poisoning when the homeowner accidentally
left a car running in an attached garage. Although
personal injury was not caused by the car being driven, it
was caused by the use of the car and thereby excluded from
the homeowner’s insurance policy.
Frandy
v. Commissioner of Transportation 132 Conn.App.
750:
In an accident case for an injury to a bicycle rider
caused by a hole in a street, it was not sufficient in the
notice to the town to merely state that the personal
injury occurred "as a result of the defective
condition of the pavement." A more detailed
description of the road defect was necessary.
Rathbun
v. Health Net of Northeast,
Inc. If medical bills in a Connecticut
personal injury accident case are paid by Medicaid, a
Medicaid contractor can sue the injured person directly to
recover payment of the medical bills.
Saleh
v. Ribeiro Trucking, LLC A
judge who reduces a jury verdict in a Connecticut personal
injury accident case must now state the specific reasons
for reducing the amount paid to the injured person.
Voris
v. Molinaro Settlement of a
personal injury case bars a loss of consortium claim
brought by a spouse based upon the same accident.
