Justia Injury Law Opinion Summaries

The vehicle Plaintiff was driving collided with a parked fire truck that was responding to an accident, and Plaintiff sustained serious physical injuries. Plaintiffs subsequently filed this action against the Town and others, alleging that the Town was negligent in that the fire truck and lane closures were inadequately marked and the positioning of the fire truck constituted a nuisance. The trial court granted the Town's motion to strike the negligence counts of the basis of governmental immunity. The court also granted the Town's motion to strike Plaintiffs' nuisance counts on the basis of Himmelstein v. Windsor and entered judgment in favor of the Town. The appellate court reversed in part, concluding that its decision in Himmelstein did not bar Plaintiffs' nuisance claims. The appellate court drew a distinction between the present case and Himmelstein, noting that the nuisance claim in Himmelstein was barred by the exclusivity provision of Conn. Gen. Stat. 13a-149. The Supreme Court affirmed, holding that Plaintiffs' nuisance claims here were clearly distinguishable from those asserted in Himmelstein, as in the instant case, Plaintiffs' nuisance counts did not fall within the scope of section 13a-149. View "Kumah v. Brown" on Justia Law

The plaintiff, the state, commenced this action against the named defendant, Lambardo Brothers Mason Contractors, and twenty-seven other defendants, to recover damages for the allegedly defective design and construction of the library at the University of Connecticut School of Law. Defendants raised time-based defenses to the state's claims by way of motions to strike or motions for summary judgment, with nearly all of them relying on applicable statutes of limitation and repose. The trial court concluded that the rule of nullum tempus, which exempts the state from the operation of statutes of limitation and statutes of repose, was never adopted as the common law of the state, and consequently, the state's claims against the defendants were barred by applicable statutes of limitation and repose. Accordingly, the trial court rendered judgment for the defendants. The Supreme Court reversed and remanded for further proceedings on the merits of the state's claims, holding that the doctrine of nullum tempus was well established in the state's common law, and the doctrine exempted the state from the operation of the relevant statutes of limitation and repose. View "State v. Lombardo Bros. Mason Contractors, Inc." on Justia Law

The sole issue in this certified appeal was whether a motorist, who was lawfully stopped in his own lane of travel while awaiting an opportunity to make a left turn, owes a legal duty to oncoming motorists to keep the wheels of his vehicle straight to ensure that he will not be propelled into the travel lane of oncoming traffic in the event that another motorist crashes into him from behind. Defendant appealed from the judgment of the appellate court reversing the summary judgment rendered by the trial court in his favor. The Supreme Court reversed, holding that the appellate court improperly focused on whether Defendant had breached a general duty of reasonable care by turning his wheels while awaiting an opportunity to make his turn rather than whether he owed a duty to oncoming drivers to foresee and defend against the possibility that a third driver would crash into the rear of his stopped vehicle and thrust it into the path of oncoming traffic. Remanded with direction to affirm the judgment of the trial court. View "Sic v. Nunan" on Justia Law

In two separate cases, Plaintiffs, property owners, filed virtually identical complaints against the Town of Cheshire after a massive sinkhole developed on their properties. The complaints alleged the town failed to disclose information regarding the presence of a discontinued barite mine and a series of sinkholes caused by the mine beneath, and in the vicinity of, the properties prior to their purchase by Plaintiffs. The trial court granted judgment in favor of the Town. In this consolidated appeal, the Supreme Court (1) reversed the judgments of the trial court insofar as the trial court granted the Town's motions to strike count three of Plaintiffs' complaints alleging negligent inspection, and (2) affirmed in all other respects. Remanded. View "Ugrin v. Cheshire" on Justia Law

The principal issue in this certified appeal was whether Connecticut's Dram Shop Act requires a plaintiff to prove that a patron was visibly or otherwise perceivably intoxicated when sold alcoholic liquor in order to prevail on a claim against the purveyor of alcoholic liquor for injuries sustained as a result of the patron's intoxication. Plaintiff in this case, administrator of the estate of Decedent, appealed from the judgment of the appellate court reversing the judgment of the trial court in favor of Plaintiff on the ground that the trial court improperly denied the motion of Defendants, the permittee of a restaurant and others doing business as the restaurant, for a directed verdict and to set aside the verdict. The Supreme Court affirmed in part and reversed in part, holding that although the appellate court properly determined that Plaintiff was not entitled to judgment in his favor without proving that the patron was visibly or otherwise perceivably intoxicated at the time he was sold liquor, the court improperly concluded that Plaintiff was not entitled to a new trial. Remanded for a new trial. View "O'Dell v. Kozee" on Justia Law

At issue in this appeal was whether a national fraternity and one of its local Connecticut chapters may be held liable in common-law negligence for the death of one of its members, which occurred while driving back to New Haven after a fraternity event held in New York City. On appeal, Plaintiff, the administrator of the estate of Decedent, claimed the trial court improperly rendered summary judgment for Defendants, Delta Kappa Epsilon National Fraternity and its Delta Kappa Epsilon Phi Chapter. The Supreme Court reversed, holding (1) as a matter of law, Phi Chapter voluntarily assumed a duty of care regarding Decedent's safe transportation, and therefore, Plaintiff sufficiently alleged a claim of common-law negligence; and (2) Plaintiff raised a material question of fact regarding Delta National's control over Phi Chapter. View "Grenier v. Comm'r of Transp." on Justia Law

Physician diagnosed and treated Patient for various liver and kidney ailments but failed to warn her of the latent driving impairment associated with her condition. After leaving Physician's office, Patient blacked out while operating her motor vehicle and struck Plaintiff. Plaintiff brought an action against Physician and his employer (collectively, Defendants) for professional negligence. The trial court found in favor of Defendants, finding that Physician owed no duty to Plaintiff to warn Patient of the driving risks associated with her medical conditions. The Supreme Court affirmed, and in so doing, declined to extend a health care provider's duty through judicial modification, holding that the trial court properly found that Physician owed no duty to Plaintiff to advise or warn Patient of the latent driving impairment associated with her medical condition. View "Jarmie v. Troncale" on Justia Law

The named plaintiff, on her own behalf and on behalf of her minor son, brought this action against defendant city (Defendant), claiming that her son incurred injuries when a fellow student pushed him into a broken locker. Defendant filed its its answer and a special defense claiming municipal immunity. Plaintiffs denied the special defense but failed to plead that any exception to the defendant's immunity applied to them. The court instructed the jury on principles of negligence but made no reference to the special defense. The jury rendered a verdict for Plaintiffs. The trial court then granted Defendant's motion for a directed verdict and the motion to set aside the verdict on the ground of governmental immunity and rendered judgment for Defendant. The appellate court affirmed on the alternative ground that Plaintiffs failed to plead the identifiable victim, imminent harm exception to municipal immunity in their reply. The Supreme Court reversed, holding that because Plaintiffs did not have adequate notice of this alternative basis or sufficient opportunity to address it, the appellate court improperly decided the case on the basis of Plaintiffs' failure to plead the imminent harm exception to discretionary act immunity. View "Haynes v. City of Middletown" on Justia Law

At issue in this certified appeal was whether a landlord may be held liable, under a common-law theory of premises liability, for injuries sustained by a tenant after being bitten by a dog owned by a fellow tenant and kept on premises owned by the common landlord, when the landlord knew of the dog's dangerous propensities but did not have direct care of, or control over, the dog. Defendant, the town of Wallingford housing authority, appealed from the judgment of the appellate court reversing the judgment of the trial court following its decision granting Defendant's motion to strike a complaint brought by Plaintiff, seeking to recover damages for such injuries. The Supreme Court affirmed, holding that a landlord's common-law duty to alleviate known dangers includes dangers posed by vicious dogs. View "Giacalone v. Town of Wallingford Housing Auth." on Justia Law

The named defendant, EAPWJP, LLC (EAP) appealed from the judgment of the appellate court affirming the judgment of the trial court granting the plaintiffs and the defendants-cross claimants a prescriptive easement over a pathway crossing property owned by EAP that the plaintiffs and the defendants-cross claimants had used for many years to access a nearby beach. The pathway traversed protected tidal wetlands and was covered in part by a wooden walkway installed without appropriate permits. The Supreme Court granted certification to appeal to ask whether the appellate court properly concluded that construction and use of a walkway deemed to be a per se public nuisance could establish a prescriptive easement over the underlying tidal wetlands. The Court dismissed the appeal as improvidently granted, concluding that the issue raised by the certified question went beyond the scope of the record below, and therefore, the issue was not properly preserved. View "Murphy v. EAPWJP, LLC" on Justia Law