Justia Injury Law Opinion Summaries

Plaintiffs brought two separate actions alleging that Hazel Smart died as a result of a defective catheter used in her dialysis treatment at Greater Waterbury Gambro HealthCare. The trial court consolidated the two actions, which brought claims sounding in negligence, medical malpractice, loss of consortium, and products liability. During pretrial proceedings, the trial court imposed monetary sanctions on Plaintiffs for failure to comply with a discovery order. Plaintiffs appealed. The appellate court dismissed the appeal for lack of subject matter jurisdiction, finding that the trial court's discovery order was not an appealable final judgment. The Supreme Court affirmed, holding that the appellate court properly dismissed the appeal, as the trial court's order did not constitute an appealable final judgment. View "Incardona v. Roer" on Justia Law

Decedent admitted herself to Hospital for treatment for major depression and personality disorder. At the time of her admission, Decedent was diagnosed with high suicide ideation and had previously attempted suicide. One week later, Decedent committed suicide at Hospital. Plaintiff, the executor of Decedent's estate, filed a medical malpractice action against Hospital and Decedent's treating psychiatrist. The jury returned a verdict in favor of Defendants. The appellate court remanded the case for a new trial, concluding that the trial court improperly declined to the poll the jury to determine whether any of the jurors had read an article regarding the subject matter of the case published prior to trial. The Supreme Court reversed, holding that, under the circumstances of this case, the appellate court improperly determined that the trial judge abused his discretion in declining to poll the jury. View "Kervick v. Silver Hill Hosp." on Justia Law

Plaintiffs, Emilio and Maria D'Ascanio, filed an action for damages incurred as a result of personal injuries sustained by Emilio when he was operating a forklift designed, manufactured, and distributed by Defendants. Plaintiffs claimed that defects in the forklift proximately caused Defendant's injuries. During trial, Plaintiffs' expert witness presented testimony by showing a video of a forklift that was not the same model involved in this case. The trial court struck the testimony the expert had given and precluded him from testifying further. The trial court subsequently denied Plaintiffs' motions for a mistrial and a continuance. The court then granted a directed verdict for Defendants on the basis that Plaintiffs had not presented expert testimony that the forklift was defective. The appellate court reversed. The Supreme Court affirmed, holding that because Plaintiffs' conduct did not constitute a pattern of abuse so egregious as to warrant dismissal, the appellate court properly determined the trial court's rulings, considered in their entirety, constituted an abuse of discretion. View "D'Ascanio v. Toyota Indus. Corp." on Justia Law

Plaintiff, a construction company, agreed by contract to perform site work for Hoffman Enterprises on several parcels of property. Plaintiff later filed this action against Hoffman Enterprises and Jeffrey Hoffman for negligent misrepresentation, among other claims. The trial court granted Hoffman's motion to strike the negligent misrepresentation claim. The appellate court reversed. Hoffman appealed, asserting that Plaintiff could not, as a matter of law, satisfy the detrimental reliance element of its claim because Hoffman's apparent authority to bind Hoffman Enterprises contractually meant that Plaintiff could not have relied to its detriment on Hoffman's statements. The Supreme Court affirmed, holding (1) the fact that allegations pleaded in a complaint might also state a contractual claim against a corporate entity under the apparent authority doctrine does not preclude a separate claim of negligent misrepresentation against a principal of that corporate entity as a matter of law; and (2) Plaintiff pleaded a legally sufficient claim of negligent misrepresentation. View "Coppola Constr. Co. v. Hoffman Enters. Ltd. P'ship" on Justia Law

Plaintiff was injured when she rode her bicycle into a pipe gate on property maintained by Defendant, a water supply company. Plaintiff brought this action claiming that Defendant was negligent in its maintenance of the gate. After a trial, the jury awarded damages to Plaintiff. Defendant appealed, claiming that no reasonable juror could have found that the alleged negligence had an "inherently close connection" to Defendant's proprietary function of supplying water and that, in the alternative, it was entitled to immunity under the Recreational Land Use Act. The Supreme Court affirmed, holding (1) Defendant was liable because the maintenance of the gate was inextricably linked to a proprietary function; and (2) Defendant was not entitled to immunity pursuant to the Act. View "Blonski v. Metro. Dist. Comm'n" on Justia Law

Doctor was a physician who worked for Hospital on a study he claimed would assist in the treatment of children with abnormally low rates of growth. In actuality, Doctor was a child pornographer and pedophile and used the study as a cover to recruit and sexually exploit hundreds of children. The named plaintiff (Plaintiff), one of the exploited children, brought this action against Hospital alleging (1) Hospital negligently failed to supervise Doctor's activities in connection with the study, and (2) Hospital breached the special duty of care it owed to children in its custody. The trial court rendered judgment for Plaintiff on both claims and awarded him $2,750,000. The Supreme Court affirmed, holding that the trial court did not err in its instructions to the jury. View "Doe v. Saint Francis Hosp. & Med. Ctr." on Justia Law

Plaintiff filed this action for trespass after Defendant removed multiple trees on Plaintiff's property without Plaintiff's permission. The trial court rendered judgment in favor of Plaintiff and awarded damages reflecting the diminution in the value of Plaintiff's land as a result of the removal of the trees. The appellate court affirmed. Defendant appealed, contending that the appellate court improperly determined that Conn. Gen. Stat. 52-560, which Defendant claimed provides the exclusive measure of damages in a tree cutting case, does not preempt a common-law cause of action for intentional trespass under the circumstances here. The Supreme Court affirmed, holding that the appellate court properly concluded that section 52-560 does not preempt the common law but, rather, enhances the common law by providing for treble damages when the proper measure of damages is the reasonable value of the trees as timber. View "Caciopoli v. Lebowitz" on Justia Law

In 2003, multiple residents of a nursing home (Greenwood) died or were injured when another resident set fire to the facility. Consequently, thirteen negligence actions seeking damages for serious bodily injury or wrongful death were filed against Greenwood, the owner of the property housing Greenwood, the lessee of the property (Lexington Healthcare), and the operator of Greenwood. Plaintiff issued a general liability and professional liability insurance policy to Lexington Healthcare. At issue in this case was the amount of liability insurance coverage available for the claims. The trial court determined the amount available under the policy and rendered judgment accordingly. The Supreme Court reversed in part, holding (1) the trial court improperly interpreted a policy endorsement in the policy relating to the aggregate policy limit; and (2) the trial court improperly applied a self-insured retention endorsement to reduce the available coverage. Remanded. View "Lexington Ins. Co. v. Lexington Healthcare Group, Inc." on Justia Law

Plaintiff and Spouse divorced in 1979. In postdissolution proceedings during which Plaintiff sought modification of the alimony award, Spouse was represented by several different attorneys (Defendants). All defendants failed to disclose the true financial circumstances of Spouse. In 2008, the trial court ruled that information concerning Spouse's inheritance had been concealed from Plaintiff, causing Plaintiff to incur more than $400,000 in legal expenses and other costs. Plaintiff subsequently filed an amended complaint against Defendants for fraud and intentional infliction of emotional distress. The superior court rendered judgment in favor of Defendants, concluding that such claims against attorneys for conduct that occurred during judicial proceedings were barred as a matter of law by the doctrine of absolute immunity. The appellate court affirmed, determining that the claims were precluded by the litigation privilege. The Supreme Court affirmed, holding (1) the appellate court properly determined that attorneys are protected by the litigation privilege against claims of fraud for their conduct during judicial proceedings; and (2) therefore, Plaintiff's claim of intentional infliction of emotional distress, which was derivative of his claim of fraud, was also properly rejected. View "Simms v. Seaman" on Justia Law

Decedent commenced an action (first action) against Defendants, a hospital and two individuals, alleging that Defendants were negligent in failing to treat him for a lesion in his lung. Decedent died of cancer while the first action was pending. The trial court granted Defendants' motions to strike for failure to comply with Conn. Gen. Stat. 52-190a. Six weeks later, Plaintiff, Decedent's surviving spouse, commenced the present action alleging the same causes of action alleged against Defendants in the first action and seeking damages for wrongful death and loss of consortium. Defendants filed motions for summary judgment, which the trial court denied. The appellate court reversed based on res judicata, concluding that the first action was decided on its merits because a motion to strike is a judgment on the merits. The Supreme Court affirmed, holding (1) the appellate court incorrectly concluded the trial court should have granted Defendants' motions for summary judgment on the basis of res judicata; but (2) the present action was time barred and was not saved by Conn. Gen. Stat. 52-592, the accidental failure of suit statute. View "Santorso v. Bristol Hosp." on Justia Law