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Case:  State v. Browne (SC 18195) May2009

Court:  Connecticut Supreme Court

Trial Court:  Middletown

Synopsis:  A search pursuant to a warrant that mistakenly referred to cocaine instead of marijuana was constitutional because (1) the affidavit supporting the warrant correctly referred to marijuana and (2) the erroneous part of the warrant could be severed.

http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR291/291cr57.pdf

Case Citation:  Conn. App.  (2009)

Tags: No Comments.

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Case:  State v. Popeleski (SC 18250) May 2009

Court:  Connecticut Supreme Court

Trial Court:  Manchester

To admit evidence of failing the horizontal gaze nystagmus test in a drunk driving case, the state must show (1) that the test satisfies the criteria for admission of scientific evidence, (2) lay a proper foundation with regard to the qualifications of the individual administering the test and (3) demonstrate that the test was conducted in accordance with relevant procedures.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR291/291cr76.pdf

Case Citation:  291 Conn. 769, 970 A.2d 108 (2009)

Tags:   drunk driving · dui · dwiNo Comments.

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Case:  Donahue v. Veridiem, Inc.  (SC 18237) May 2009

Court:  Connecticut Supreme Court

Workers’ Comp District:  New Britain

Synopsis:  An employer who fails to contest liability or pay benefits in a workers compensation case within 28 days of the injury cannot contest liability for the injury or the extent of disability.  The injured worker still has to present evidence to the commissioner to prove the case, but the employer cannot challenge that proof.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR291/291CR69.pdf

Case Citation:  291 Conn. 537, 547, 970 A.2d 630 (2009)

Tags:   job injury · Workers' CompensationNo Comments.

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Case:  Dzienkiewicz v. Dept. of Correction (SC 18255) April 2009

Court:  Connecticut Supreme Court

Workers’ Comp District:  Middletown

Synopsis:  A workers compensation commissioner was not required to accept as an admission by the state department of corrections a decision by the state disability medical board granting disability retirement to a corrections officer for stroke, stress and hypertension.  The court held that the mere fact that the defendant and the medical board are both agencies of the state does not establish such unity of identity that the state, instead of the department of corrections, is deemed the party opponent.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR291/291cr53.pdf

Case Citation: 291 Conn. 214 (2009)

Tags:   hypertension · stress · stroke · Workers' CompensationNo Comments.

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Case:  State v. Cyr (SC 2009) March 2009

Court:  Connecticut Supreme Court

Trial Court:  Manchester

Synopsis:  Connecticut case law holds that a person operates a motor vehicle within the meaning of the statute which prohibits driving while intoxicated when he or she intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence with other acts will set in motion the motive power of the vehicle.  In upholding the defendant’s conviction for drunk driving, the court held that in starting the engine of the vehicle remotely then getting behind the steering wheel, the defendant had undertaken the first act in a sequence of steps necessary to set in motion the motive power of a vehicle, even if the vehicle could not be driven until the key was in the ignition.  The court noted a prior decision that a person was properly convicted of operating under the influence when he was found sleeping in the driver’s seat of his legally parked vehicle, with the key in the ignition and the headlights on, but without the motor running.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR291/291CR51.pdf

Case Citation:  ____ Conn. ____ (2009)

Tags:   driving under the influence · driving while intoxicated · drunk driving · dui · dwiNo Comments.

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Case:  State v. Burnell (SC 18139) March 2009

Court:  Connecticut Supreme Court

Trial Court:  Meriden

Synopsis:  Double jeopardy does not prohibit a driver charged with driving while intoxicated whose license has been suspended by the Department of Motor Vehicles from being prosecuted in criminal court.  The DMV suspension is not a conviction because although is has a deterrent effect, its main purpose is to promote public safety by removing unsafe drivers from the road.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR290/290cr47.pdf

Case Citation:  290 Conn. 634 (2009)

Tags:   driving under the influence · driving while intoxicated · drunk driving · dui · dwiNo Comments.

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Case:  Vermont Mutual Ins. Co. v. Walukiewicz (SC 18061) March 2009

Court:  Connecticut Supreme Court

Trial Court:  Norwich

Synopsis:  A homeowner’s insurance policy that excludes coverage for intentionally caused injuries must still cover injuries caused in self-defense.  Although a person defending himself or herself may intend to cause an injury, acts of self-defense are a response to unexpected, unforeseen and unintended events and therefore are “accidents.”

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR290/290CR38.pdf

Case Citation:  290 Conn. 582 (2009)

Tags:   accident · assault · injury · personal injuryNo Comments.

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Case:  State v. Ray (SC 17905) March 2009

Court:  Connecticut Supreme Court

Trial Court:  Stamford

Synopsis:  Although he denied using drugs and held down a job at times, the defendant was found to be drug dependent as he was in and out of treatment since the 1980’s and recently had been unfavorably discharged from a rehab program.  The court also held that the State did not have to prove  a lack of drug dependency beyond a reasonable doubt even though the penalties are greater for non-drug dependent persons.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR290/290CR16S.pdf

Tags:   cocaine · drug dependent · drugs · narcoticsNo Comments.

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Case:  State v. Bell (AC 29893) February 2009

Court:  Connecticut Appellate Court

Trial Court:  New Haven

Synopsis:  Allowing evidence that an Amber Alert was issued for the defendant was error because fears over the child’s safety were not relevant to proving the defendant’s guilt and because the evidence could have unduly aroused the juror’s emotions, hostility or sympathy.  The error was harmless, however, in light of all the other evidence of the defendant’s guilt.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP113/113AP184.pdf

Tags:   criminal lawNo Comments.

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Case:  X First Conn. Capital v. Homes of Westport (AC 28991) February 2009

Court:  Connecticut Appellate Court

Trial Court:  Stamford - Norwalk

Synopsis:  Conn. Practice Book § 61-14 provides that upon appeal the execution of an order of the court terminating a stay of execution shall be stayed for ten days from the issuance of notice of the order.  The foreclosure court erred by ordering that the stay of execution would not go into effect.  It was thus error for the foreclosure by sale to occur within the ten days

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP165.pdf

Tags:   ForeclosureNo Comments.

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Case:  Costanzo v. Gray (AC 29228) February 2009

Court:  Connecticut Appellate Court

Trial Court:  Danbury

Synopsis:  Patient sued orthopedic surgeon who was to perform a left side L4-L5 microdiscectomy but instead performed the surgery from the right side.  Surgeon admitted he had mistakenly written on the chart that the patient had complained of right side symptoms.  At trial, the doctor’s expert witness testified that the doctor had in fact performed a left microdiscectomy but had used a right side approach known as a contralateral approach.  The jury found that the doctor had not committed malpractice.  The verdict was upheld on appeal.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP147.pdf

Tags:   back surgery · medical malpractice · personal injuryNo Comments.

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Case:  Utz v. Utz (AC 28780) February 2009

Court:  Connecticut Appellate Court

Trial Court:  Norwich

Synopsis:  Although a divorce court may order time-limited alimony to allow a spouse to support herself while she re-enters the job market, a court may order such alimony for other reasons.  Thus it was not error to award weekly alimony of $1000 to a wife even if that amount did not provide her with any incentive to become employed.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP151.pdf

Tags:   alimony · dissolution of marriage · divorce · family lawNo Comments.

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Case:  Brown v. United Technologies / Pratt & Whitney (AC 29293) February 2009

Court:  Connecticut Appellate Court

Trial Commission:  Middletown

Tags:   work injury · Workers' CompensationNo Comments.

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Case:  Benedetto v. Zaku (AC 28995) February 2009

Court:  Connecticut Appellate Court

Trial Court:  Stamford - Norwalk

Synopsis:  Jury awarded driver hurt in car crash money for future back surgery but not for pain and suffering.  Trial court added money for pain and suffering.  The appellate court agreed with the trial court, stating that the jury’s verdict awarding the plaintiff almost $9,000 in past medical bills and $50,000 toward the cost of future surgery without any compensation for noneconomic damages (pain and suffering) was improper as a matter of law.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP141.pdf

Tags:   auto accident · automobile accident · car crash · personal injuryNo Comments.

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Case:  State v. Fontaine (AC 28566) January 2009

Court:  Connecticut Appellate Court

Trial Court:  New London

Synopsis:  A moped, like an All Terrain Vehicle (ATV), is considered a motor vehicle for purposes of Conn. Gen. Stat. § 14-227a, the statute governing driving while intoxicated (driving under the influence), and § 14-215, governing driving with a suspended license.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP108.pdf

Tags:   atv · driving under the influence · driving while intoxicated · drunk driving · dui · dwi · mope · suspended licenseNo Comments.

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Case:  Gamble - Perugini (AC 29280) January 2009

Court:  Connecticut Appellate Court

Trial Court:  Waterbury

Synopsis:  In entering divorce orders for alimony, property division and educational support, the court properly discredited the husband’s claims about the amount of his income and assets, given that he owned a 9 passenger plane and paid for a pilot.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP116.pdf

Tags:   alimony · divorce · property divisionNo Comments.

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Case:  Boyne v. Boyne (AC 28996) January 2009

Court:  Connecticut Appellate Court

Trial Court:  Hartford

Synopsis:  In dividing the obligation for unreimbursed medical and day care expenses in a divorce case, the court must take alimony into account.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP123.pdf

Tags:   alimony · day care · medical expensesNo Comments.

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Case:  Davis v. Davis (AC 29188) January 2009

Court:  Connecticut Appellate Court

Trial Court:  New London

Synopsis:  Conduct does not need to be unreasonable, outrageous or egregious for a plaintiff to prevail on a claim of negligent infliction of emotional distress. It is sufficient if the emotional distress caused by the conduct is severe enough to cause illness or bodily harm.

Case Link:  http://www.serranolawyers.com/wpress/wp-admin/post-new.php

Tags:   emotional distressNo Comments.

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Case:  Peatie v. Wal-Mart Stores, Inc. (AC 28387) January 2009

Court:  Connecticut Appellate Court

Trial Court:  Middletown

Synopsis:  The plaintiff filed a lawsuit after an accident at a store where a metal unit hit her head, neck and shoulder.  Her doctor’s testimony about a second shoulder surgery was properly excluded because she had reinjured the shoulder lifting a twelve-pack of soda.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP101.pdf

Tags:   accident · personal injury · storeNo Comments.

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Case:  Tocco v. Wesleyan University (AC 28928) January 2009

Court:  Connecticut Appellate Court

Trial Court:  Middletown

Synopsis:  The plaintiff suffered a personal injury at Wesleyan’s ice rink.  Wesleyan served an apportionment complaint on the Hamden Figure Skating Association.  The association did not appear in the lawsuit.  The plaintiff then made a claim against the association for the accident by mailing an amended complaint to the association.  The appellate court ruled that the case against the association was properly dismissed because Practice Book § 10-12 (c) requires that claims against a party who has not appeared must be served on the party. 

Tags:   accident · ice skating · personal injuryNo Comments.