Sigular v. Gilson Although
a jury verdict for the plaintiff in a personal injury case
establishes a technical legal injury entitling the
plaintiff to nominal damages, a judgment will not be
reversed if the jury does not award nominal damages.
Mulcahy v. Hartell
In a personal injury case against an acupuncturist
for allegedly causing a bacterial infection, the defendant
was allowed to introduce evidence that the plaintiff’s
own actions caused the infection even though the defendant
did not plead comparative negligence.
Duncan v. Mill Management Co. of Greenwich, Inc.
In a personal injury case due to a fall on steps, a
verdict for the plaintiff was upheld, even though evidence
was improperly admitted of repairs to the steps after the
accident, because the evidence was cumulative of other
evidence and of testimony that the stairs violated the
Arnold v. Moriarty
In a car accident personal injury case in which the
jury returned a verdict for the plaintiff but awarded zero
damages, the court property instructed the jury to use the
verdict for the defendant form.
Anastasia v. General Casualty Co. of Wisconsin
The trial court properly held in a motor vehicle
accident personal injury case that an insurer is entitled
to a reduction of its limits of liability for uninsured
and underinsured motorist coverage by an amount equal to
the sum of punitive damages paid to the insured.
Marques v. Allstate Insurance Co.
In a personal injury motor vehicle accident case,
an injured person who was awarded $20,000 in an
arbitration involving the driver at fault could not make a
claim against the underinsured motorist provision of his
own automobile insurance policy, which had a limit of
$20,000, because the amount of money he was entitled to
had been determined by the arbitrator, resulting in
O’Connor v. Med-Center Home Health Care, Inc.
The workers’ compensation commissioner properly
held that a nurse who fell on ice in a patient’s
driveway was totally disabled from work, even though her
treating doctors said she was limited to sedentary work.
The commissioner reasonably and logically could
have concluded that the nurse's testimony that she was
unable to sit for long periods, stand for long periods,
repeatedly get up from a chair, twist, lift or drive,
combined with the pain associated with her condition,
rendered her temporarily totally incapacitated from work.
Kumah v. Brown
In a personal injury case involving a car that hit
a town’s fire truck blocking an interstate highway at an
accident scene, the town could be held liable in nuisance
for the injuries suffered by the driver of the car even
though the state and not the town was responsible for
maintaining the highway in good condition.
Cima v. Sciaretta
In a personal injury case involving a car accident,
the court correctly ruled that because the owner of the
vehicle had provided the vehicle for his son’s use and
the son had given a friend permission to drive the vehicle
while the son rode as a passenger, the vehicle’s owner
was liable for injuries caused by the friend’s
negligence in going through a stop sign.
Lubrano v. Mohegan Sun Casino
In a combined personal injury and workers’
compensation case, the workers’ compensation
commissioner has no jurisdiction to consider what part of
a personal injury settlement has been paid to a spouse for
a loss of consortium claim when determining how much
reimbursement should be paid to the workers’
compensation insurance company from the personal injury
Sweeney v. Friends of Hammonasset
An individual who was injured in an accident when
he slipped and fell on ice on a driveway during a nature
walk held in a state park was limited to bringing a
personal injury lawsuit based on liability for defective
individual could not bring a law suit claiming negligence
on the part of a volunteer group that assisted with the
Pellecchia v. CL&P In
a personal injury case involving a fatal electrocution, a
company hired to provide emergency communication services
was found to have negligently caused the death by failing
to relay a message to the power company about a downed
power line. However,
the communication company had the right to be reimbursed
by the power company because the power company failed to
deenergize the line after receiving another message that
the line was down.
Cannizzaro v. Marinyak A
homeowner’s liability insurance company was not required
to cover a personal injury claim arising from a car
accident caused by a drunk driver who had been drinking
while working at the homeowner’s residence.
Mott v. Wall-Mart In a
personal injury accident case due to a slip and fall at a
Wall-Mart department store, summary judgment for the
defendant could not enter unless the defendant produced
some evidence that it did not have actual or constructive
notice of the defect that caused the fall.
Ortiz v. The Metropolitan District
A pedestrian who suffered serious injuries when she
fell while crossing a downtown Hartford street that had a
hole due to a missing water company cover could not sue
because the notice of her accident that her attorney
provided to the water company failed to give a description
of her injuries.
Fiallo v. Allstate Insurance Co.
In a car accident personal injury case involving a
claim for underinsured benefits, the plaintiff could not
amend the complaint after the jury’s verdict was
accepted by the court in order to allege bad faith on the
part of the insurance company.
Pond v. City of Middletown
The Connecticut Supreme Court sent a personal
injury case involving a student’s attack on another
student at a high school back to the Appellate Court
because the Appellate Court decided the case on an issue
that the parties had not raised or briefed in the appeal.
A doctor who fails to warn a patient with a medical
problem that may cause the patient to black out cannot be
sued for medical malpractice or for negligence by someone
who suffers personal injury in a motor vehicle accident
caused by the patient blacking out while driving.
Desmond v. Yale-New Haven Hospital
A claim against an insurance company for handling a
workers compensation case in bad faith cannot be brought
in court but must be brought in the workers compensation
Giacalone v. Housing Authority of Wallingford
Although a landlord who is not the keeper or owner
of a dog would not be liable under the dog bite statute
for personal injury caused by a tenant’s dog, the
landlord may be liable in negligence if the landlord knew
or should have known that the dog was vicious.
Garcia v. Bridgeport
The uninsured / underinsured motorist coverage
provided by the self-insured City of Bridgeport was the
minimum amount required by Connecticut automobile
insurance law and did not have to match the amount
provided by the City for personal injury liability for
motor vehicle accidents caused by its employees.
Koutsoukos v. Toyota Motor Sales An automobile accident reconstruction expert would be
necessary to go forward with a personal injury, fatal
accident lawsuit based on the theory that an airbag should
Wikander v. Asbury Automotive Group
The workers’ compensation commissioner properly
allowed a case to go forward regarding an employee who had
a fatal heart attack on the job even though the case was
filed almost two years after the death.
The commissioner properly rejected an argument by
the employer’s lawyer that Connecticut workers
compensation law allowed only one year to file a claim if
the employee died on the day of the accident or injury.
DiPietro v. Farmington Sports Arena, LLC In a personal injury case involving an indoor soccer player
who alleged she fell because the carpet used for the
playing surface was not appropriate for soccer, the court
properly ruled that the owner of the arena, in the absence
of visually discoverable hazards, previous indications of
danger, or industry or government standards, was not
required to conduct scientific tests to discover the
carpet’s alleged defects.
New London County Mut. Ins. Co. v. Bialobrodec
A homeowner’s insurance policy would not cover a
personal injury claim for a fatal motorcycle accident on
the theory that the homeowners negligently supervised
their son who entrusted the motorcycle to the decedent,
who crashed it and died in the accident, because the
policy specifically excluded coverage for bodily injury
due to the ownership, maintenance or use of a motor
LaPlante v. Vasquez
In a dram shop personal injury claim against a bar
which served liquor to the defendant who caused a motor
vehicle accident while driving drunk (DUI) in which the
plaintiff was severely injured, the court properly reduced
the jury verdict of $4.2 million to the dram shop limit of
$250,000 and properly allowed prejudgment interest to be
added in excess of the limit.
Malaguit v. Ski Sundown, Inc. In a personal injury case brought by a skier who lost control
and fell while attempting to go over a snow jump, severely
injuring his spine so as to be left a quadriplegic, the
court properly ruled that (1) the snow jump was a terrain
variation hazard inherent in the sport of skiing and (2)
the ski area operator therefore was not responsible for
the injury under Connecticut negligence law .