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Connecticut Superior Court Court Cases
This foreclosure action presents the issue of whether a plaintiff mortgagee is entitled to a judgment in which a prepayment penalty is added to the mortgage debt. In Connecticut, only one Superior Court case has cursorily dealt with the issue, but it has been considered by numerous federal and state courts throughout the country. Because the matter is of some significance, this court has endeavored to read most of the relevant cases and authorities.
Court: Connecticut Superior Court Docket: CV 07-5008806
Fallon v. Matworks (2007)The present case arises out of a fall in a Rite Aid Pharmacy on July 26, 2001 in East Haven. The named plaintiff, Virginia Fallon, an employee of the pharmacy, claims that she slipped and fell on a defective carpet tile. A products liability action has been commenced by Fallon and her spouse, coplaintiff George Miller, against the named defendant and alleged seller of the tile, The Matworks (Matworks). Thereafter, Fallon's employer, Rite Aid Corporation (Rite Aid) intervened pursuant to General [...]
Court: Connecticut Superior Court Docket: X01 CV-03 0185487S
Mettler v. Mettler (2007)The present matter is a dissolution of marriage action in which the mother of the defendant husband, Kirsten Mettler, has moved to intervene for the purpose of seeking custody of the parties' minor child. During the hearing on the motion to intervene, at which both parties and the proposed intervenor appeared with counsel, the defendant and his mother filed the pending joint motion seeking disqualification of attorney Kenneth Votre, counsel for the plaintiff, Elizabeth Mettler, and his law [...]
Court: Connecticut Superior Court Docket: FA-06 4021437S
The common law doctrine that a cause of action for personal injuries cannot be assigned is so old that its origins, medieval or earlier, can no longer be ascertained. Modern courts have struggled to articulate both the current boundaries and the current purpose of the doctrine. See Gurski v. Rosenblum & Filan, LLC, 276 Conn. at 257, 266-80, 885 A.2d 163 (2005). The consolidated motions for summary judgment now before the court require an articulation of these boundaries in a case of first [...]
Court: Connecticut Superior Court Docket: CV04-4010919S, CV04-4010920S
Burgess v. State (2007)
The principal issue in these two cases is whether the state claims commissioner has authority to waive the defendant state of Connecticut's sovereign immunity in suits against the state for money damages alleging willful and malicious misconduct. The court holds that the claims commissioner does have that authority.
Court: Connecticut Superior Court Docket: CV-03 0520679S, CV-03 0520681S
State v. Tomasso (2004)This action, commenced by the state's attorney general on October 20, 2004, alleges that eleven defendants violated the Connecticut Unfair Trade Practices Act, General Statutes § 42-110a et seq., in connection with the award and execution of state contracts. Six of the eleven defendants were previously subject to a federal grand jury indictment, the charges of which include racketeering, conspiracy, extortion, mail and wire fraud, and which involves some of the same acts alleged in the present [...]
Court: Connecticut Superior Court Docket: CV 04-4004293S
This is an action brought by the plaintiff, James Pantelopoulos, against the named defendant, Jennifer Pantelopoulos, and defendant Herbert Bartz. On September 17, 2004, the plaintiff filed an amended ten count complaint against the defendants for damages as a result of their actions following the dissolution of the marriage between the plaintiff and the named defendant. Count nine of the amended complaint, which is the only count relevant to the present motion to strike, sounds in intentional [...]
Court: Connecticut Superior Court Docket: CV-04 0092446S
State v. Gardner (2007)
The defendant, Everton Gardner, moves to suppress statements made by the defendant to Detective Robert Davis on September 28, 2003, at Hartford Hospital. The defendant claims that the waiver of his Miranda rights was not voluntary due to pain medication that he was given prior to speaking with Davis. After a full consideration, this court finds that the claims of the defendant fail and denies the defendant's motion to suppress.
Court: Connecticut Superior Court Docket: CR-04-0576812
Green v. DeFrank (2010)
The defendant, Steven J. DeFrank, has moved for summary judgment in this two count complaint brought by the plaintiff, Gail April Green. The defendant argues that there are no genuine issues of fact. The plaintiff, who is representing herself, has not filed a motion in opposition but did provide some documents to the court at the second scheduled argument on the matter.
Court: Connecticut Superior Court Docket: CV-10-5010649
Rich v. Foye (2007)The plaintiffs, Jason Rich and Keri Rich, individually, and Jason Rich and Keri Rich as parents and next friends of Sydney Rich, a minor, make the following allegations in a three count complaint filed on July 14, 2006. In December, 2002, Jason Rich and Keri Rich engaged the defendants, Gerard J. Foye, Jr., a physician who is board certified in obstetrics, gynecology and maternal fetal medicine; Candlewood Obstetric-Gynecologic Associates, P.C.; Women's Health USA, Inc.; and Women's Health [...]
Court: Connecticut Superior Court Docket: X01-UWY-CV-06-5003443-S
The plaintiff, Motiva Enterprises, LLC, has filed an appeal from a tax assessment by the defendant town of Stratford (town) regarding the plaintiff's property located in the upper boundary of the south end of the town, in the area known as "The Meadows." The town assessed the subject property at $13,750,700 for the revaluation date of October 1, 2004. Thereafter, the plaintiff appealed from the decision to the defendant board of assessment appeals (board). On April 1, 2005, the board denied the [...]
Court: Connecticut Superior Court Docket: CV-05-4007824-S
Rios v. Fergusan (2008)The Internet has transformed our ways of communicating and sharing information, but content on the Internet that some find offensive or harmful has also created new and challenging issues. Everyday the news brings reports about users posting controversial or disturbing content on social networking Internet sites such as MySpace, Facebook and YouTube that are accessible worldwide. This case asks whether a person who is threatened with physical harm by an Internet posting can obtain judicial [...]
Court: Connecticut Superior Court Docket: FA-08-4039853S
Bray v. Bray (2008)Summary process; landlord and tenant; equitable nonforfeiture; summary process action by plaintiff landlord against defendant tenant, who was his former wife, where residential lease agreement had been incorporated into parties' dissolution agreement; plaintiff sought eviction on ground of nonpayment of rent after defendant withheld payment for plaintiffs alleged failure to pay alimony, his share of parties' credit card bills and costs that defendant incurred to remedy health code violations [...]
Court: Connecticut Superior Court Docket: CV-08-4008904-S
Burton v. City of Stamford (2010)On October 2, 2003, the plaintiffs, Godfrey Burton and Peninah Burton, filed a complaint against the defendant, the city of Stamford (Stamford). The plaintiffs allege that while operating Peninah Burton's vehicle, Godfrey Burton sustained injuries in a motor vehicle accident. The accident took place on October 11, 2002, between Godfrey Burton (Burton) and Officer James Grabinski (Grabinski). Grabinski is a member of the Stamford police department and was driving a city vehicle when the accident [...]
Court: Connecticut Superior Court Docket: CV-03-0197324-S
Riley v. Pierson (2009)
This action arises out of a promissory note (note) entered into between the plaintiff, Kevin Riley, as the borrower, and the defendants, Melvin Pierson and Virginia Pierson, as the lenders. The note, in the amount of $326,000, was dated October 31, 1994. It was payable over twenty years at the rate of 7 percent per year. The note was secured by an open end mortgage deed (mortgage) on property owned by the plaintiff at 2665 Boston Turnpike, Coventry.
Court: Connecticut Superior Court Docket: CV-07-5002029-S
The plaintiff, Scott Diana, alleges the following facts in his amended complaint. On or about May 13, 2005, Diana was at Hartford Brainard Airport in Hartford for a flight lesson, when he was struck and injured by the wing of an aircraft while walking with his flight instructor. The aircraft was operated by two airmen employed by defendant NetJets Services, Inc., and, or, defendant NetJets Aviation, Inc. (NetJets). The complaint further alleges that the identity of the two airmen is [...]
Court: Connecticut Superior Court Docket: CV 07 5011701
Woodruff v. Hemingway (2009)The plaintiff, Michael J. Woodruff, filed a single count complaint on June 19, 2007, against the defendant, Tasha Hemingway, seeking to recover money damages for personal injuries he sustained as the result of a motor vehicle accident that occurred on December 13, 2006. In his complaint, the plaintiff alleges that he was operating his vehicle in the northbound lane of traffic on Route 9 in New Britain, when the defendant caused the vehicle she was driving to crash into the rear of his vehicle. [...]
Court: Connecticut Superior Court Docket: CV-07-5004978-S
Thomas v. Warden (2005)This is a very unusual petition for habeas corpus filed by Gregory Thomas, the petitioner, on or about February 1, 2002 claiming that he has been wrongly classified as a sex offender by the warden of the state prison, the respondent, even though he was acquitted of a sexual assault charge by a jury. When he was convicted of other charges, the latter convictions resulted in his present incarceration. The respondent filed a motion to dismiss which this court granted on October 15, 2002. The [...]
Court: Connecticut Superior Court Docket: CV-02 0814633S
The petitioner, Robert Breton, has filed the present petition seeking the issuance of a writ of habeas corpus. In the voluminous amended petition, the petitioner has alleged a multitude of irregularities in his conviction, sentence and appeal. He repeatedly attacks the representation he received from his trial defense counsel. The commissioner of correction, the respondent, has sought access to the files and documents in the possession of the petitioner's prior attorneys as well as an [...]
Court: Connecticut Superior Court Docket: CV-03 0004261
The plaintiffs, William Ludemann and Laura Ennis (formerly known as Laura Ludemann), move to vacate an arbitration award dated November 13, 2007, in favor of the defendant, Specialty National Insurance Company (Specialty National), which is an insurer for the town of Enfield. The following facts are not in dispute. Ludemann, a police officer for Enfield, sustained injuries when he was struck by an underinsured motorist while directing traffic in the course of his employment. Ludemann filed for [...]
Court: Connecticut Superior Court Docket: CV-07-4034248-S