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Case:  Cotto v. Board of Education (SC 18339) December 2009

Court:  Connecticut Supreme Court

Trial Court:  New Haven

Synopsis:  Governmental immunity applied to shield the New Haven Board of Education from liability for personal injury suffered by a youth director who fell on a wet bathroom floor.  The general rule is that municipal employees are not liable for an accident caused by negligence.  One exception to this rule is if the employee’s actions are likely to subject an identifiable person to imminent harm.  School children attending public schools during school hours fall within this exception.  The youth director’s slip and fall, however, did not fit within this exception in that the risk of specific harm to him was not sufficiently immediate because any person using the bathroom could have slipped at any time.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR294/294CR150.pdf

Case Citation:  294 Conn. 265 (Conn. 2009)

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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)

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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

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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.