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MOST RECENT ISSUE: NEWSLETTER ARCHIVES: |
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RTC&E Newsletter July 2009 |
| ONE TRIAL JUDGE CHIPS AWAY AT THE MODE OF OPERATION RULE, RTC&E HAS A DIFFERENT MODE OF OPERATION CASE ON APPEAL |
| The mode of operation rule adopted by the Connecticut Supreme Court’s decision in Kelly v. Stop & Shop, which relieves claimants in some cases involving defective conditions in self service stores from the need to establish actual or constructive notice of the defect, did not apply to a fall caused by a crease in an aisle rug because such defect could also occur in non-self serve businesses such as theaters and restaurants. |
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| SELF DEFENSE IS COVERED CONDUCT |
| By unanimous decision, the Connecticut Supreme Court recently concluded, on an issue of first-impression, that coverage was owed under a policy of homeowner's insurance for an insured's actions which caused bodily injury to another where the insured claimed he acted in self-defense. |
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| CONNECTICUT SUPREME COURT GRAPPLES WITH EXCLUSION OF EXPERT TESTIMONY, SUPERCEDING CAUSE DISCUSSED |
| This action was brought by the plaintiff, James E. Sullivan, as administrator of the estate of his deceased son, James P. Sullivan (decedent), against Metro-North Commuter Railroad Company, for the wrongful death of the decedent resulting from the defendant's alleged negligence in failing to provide and maintain adequate security at one of its train stations. |
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| CAUSE OF ACTION FOR SPOLIATION OF EVIDENCE REAFFIRMED BY TRIAL COURT |
| Spoliation of evidence is the destruction or alteration of evidence material to a claim or defense. In the October 3, 2006 decision of the Supreme Court of the State of Connecticut, authored by Justice David M. Borden, the court found that sanctions previously in place and available to litigants in instances of "intentional bad faith spoliation" were inadequate. Rizzuto v. Davidson Ladders, Inc., 280 Conn. 225. Citing its inherent power to recognize new tort causes of action, the court established a new remedy and recognized an independent cause of action for the intentional spoliation of evidence. Rizzuto was an action for injuries arising from product liability. |
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| RECENT RTCE VERDICTS |
| Attorney Ralph Eddy recently tried a jury case before Judge Clarence Jones at the Middletown Superior Court. The plaintiff was a 6 year old girl, the most attractive of 4 daughters. She had a subtle scar across the tip of her nose. The plaintiff minor and her dad testified that the insured's dog, a rottweiler had actually pushed her to the ground and bitten her on the face. Medical records supported by testimony from the ER doctor at Middlesex Hospital indicated otherwise: that the minor plaintiff had been playing with the dog and rubbed against the dog's spikey collar. The report quoted the parents and child as stating that they were fairly certain that there had been no actual bite. |
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