Home About the Firm Attorneys Practice Areas New & Noteworthy Articles & Publications FAQs Offices Contact Us Real Estate Log In	Articles & Publications January 10, 2010 Doctrine of Res Ipsa Loquitur             Connecticut courts have expounded at great length upon the doctrine of res ipsa loquitur.[1] The bellwether cases are discussed below.   “The doctrine of res ipsa loquitur, literally... January 2, 2010 Venue & Jurisdiction Venue & Jurisdiction Veni, Vidi, Vici[1]               “I came, I saw, I conquered” ….and decided upon a venue.[2]  Choice of the proper court is essential to obtaining a judgment which... December 20, 2009 Nuisance Cause of Action             There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word “nuisance.”[1]  Nuisance is not a monolithic cause of action.  Historically, it... December 19, 2009 Food Poisoning Cases in Connecticut             When a consumer contracts food poisoning as a result of eating spoiled or contaminated food in  Connecticut , who does a consumer seek to hold accountable, and under what theory of... December 19, 2009 e-Briefs in E-Z Steps e-Briefs in E-Z Steps Paradigm Shift in Electronic Filing   e-Brief?  What on earth is this new-fangled thing?!?               Just imagine[1] how convenient it would be to submit to... December 18, 2009 Confidentiality of Psychiatric Communications             The Connecticut Supreme Court has stated that “the people of this state enjoy a broad privilege in the confidentiality of their psychiatric communications and records....The primary purpose... December 8, 2009 Protecting Your Intellectual Property In today’s global marketplace, the world has grown smaller. Through the internet, small business owners in Connecticut are easily able to transact business with people and businesses all over the world. Having an online presence is probably one of the most... December 3, 2009 Medical Malpractice Suits Relating to the Condition of Aortic Valve Stenosis Aortic valve stenosis is a congenital heart disease affecting the aortic valve of the heart.  The aortic valve is most commonly a bicuspid valve, but may be a tricuspid valve as well.  When there is stenosis or hardening of such valve, the left... December 2, 2009 The Standard of Review in ERISA Benefit Denials: Metropolitan v. Glenn in the Second Circuit. The following article was prepared for publication in the Newsletter of the Labor and Employment Section of the Connecticut Bar Association.  It was prepared for experienced ERISA practitioners.  If you are a prospective client, you may want to... November 23, 2009 False Arrest & Malicious Prosecution By David K. Jaffe & Sally A. Roberts            A plaintiff’s state constitutional and federal constitutional claims are predicated on the same fundamental right: the right to be free from an “unreasonable... November 23, 2009 Duty to Disclose or Act Upon Exculpatory Evidence By David K. Jaffe & Sally A. Roberts               Although there is no general duty to discovery evidence to exonerate a suspect, an action for malicious prosecution may lie when exculpatory... November 23, 2009 LASIK and Laser Vision Enhancement Surgery By David K. Jaffe and Sally A. Roberts LASIK was developed in 1999, and stands for Laser Assisted Sub-Epithelial Keratectomy. In layman’s terms, it is an advanced laser technology for the correction of nearsightedness, farsightedness and astigmatism. The... November 20, 2009 What Should You Do When You Get Into an Auto Accident?             Suppose you were driving on I-91 South when there is a backup of traffic due to construction on the road.  You stop, you slow down, almost to a halt, due to the cars in front of... November 11, 2009 Privacy Policy of Brown, Paindiris & Scott   Your privacy is important to us. To better protect your privacy, and in accordance with Connecticut Public Act 08-167, An Act Concerning the Confidentiality of Social Security Numbers, we provide this notice explaining our information practices. To... November 10, 2009 Proof Of Intoxication In A Liquor Liability/Dram Shop Case  Recently, Judge Brunetti, rendered a very liberal decision regarding how little a party must prove when pursuing a “dram shop” case that requires service of alcohol to an intoxicated person. Keep in mind that the “dram shop” statute, C.G.S. §30-102,... November 10, 2009 Financial Trust among Spouses How well do you know and trust your spouse financially?  As divorce lawyers, we often talk to spouses who have limited knowledge of their spouse’s finances, or the state of their family’s financial affairs.  In a typical marriage, one party... November 9, 2009 Federalism & Actions for Violation of the Connecticut Constitution By David K. Jaffe & Sally A. Roberts   Recent Historical and Legal Evolution of State Constitutional Claims             In addressing a plaintiff’s state constitutional claims against... November 4, 2009 Buyer Beware   If you have bought or sold a home recently you probably had a Residential Property Condition Disclosure Report attached to your purchase and sale agreement.  What exactly is the legal effect of this document?   In 1995, the legislature... November 4, 2009 Hiring a Connecticut Home Improvement Contractor   With the unpredictable economy many people are choosing to invest in their own property rather than buy a new home.  Those investments can range from small, do-it-yourself projects, to full-scale remodels.  Those of you who chose to hire a... November 3, 2009 Connecticut Trade Secrets               Most business owners do not think that they have anything that can be considered a “trade secrets,” but often times, businesses have valuable information that should and can be... November 3, 2009 Impoundment & Towing By David K. Jaffe & Sally A. Roberts               Police may exercise control, although not actual custody, over property such as disabled autos which have been towed.  Police clearly... November 3, 2009 Jail Suicides By David K. Jaffe & Sally A. Roberts               Jailers may be held liable for suicides by prisoners if there was sufficient notice of the possibility of suicide, and inadequate preventive... November 3, 2009 Reasonable Force during Arrest By David K. Jaffe & Sally A. Roberts               An officer may use reasonable force to: effect a legal arrest; to overcome resistance; and to maintain and regain control.  However, an... November 2, 2009 Commercial Short Sales               In this unstable and volatile economy we currently live in, the reality of the market is that businesses are being bought and sold at a rapid rate, often for less money than what... November 2, 2009 Connecticut Drunk Driving Law   Effective October 1, 2009, certain changes took effect in the area of Connecticut drunk driving and operating under the influence cases, by virtue of Connecticut Public Act 09-187.  The following summarizes some of the key changes.  This... October 31, 2009 Civil Rights Actions: What Can I Do if the Government Violates my Civil Rights?   In the last few decades, there has been unprecedented growth in the number of cases filed under 42 U.S.C. § 1983, which was originally designed to provide redress for violations of federally protected rights committed by persons acting under color... October 30, 2009 Who’s Responsible for the Falling Tree? By David K. Jaffe & Sally A. Roberts               What is the duty of a landowner when their tree falls on the property of another... October 30, 2009 Police Brutality By David K. Jaffe & Sally A. Roberts   As my extensive involvement in police misconduct cases, on behalf of individuals over the years has demonstrated, police brutality comes in many forms.   While it is true that most police officers,... October 29, 2009 Connecticut Child Support Law           Under Connecticut law, both parents have the duty and obligation to support their children based on their earning ability.  Connecticut has adopted a formula for figuring out child support that... October 29, 2009 Non-Biological Care-Givers: When Non-Parents Help Raise Children           Our society has come to view the “ideal” family unit as being made up of a mom and dad who are married, and who are loving, devoted, and financially able and willing to care for their children. With the... October 29, 2009 Connecticut Custody Law It was not so long ago that the concept of the American family brought up images of a husband who went downtown to work, the stay at home wife and mother, 2.2 children, and Fluffy the dog. But today that image has been replaced with parents who may or may... October 23, 2009 Value of Wrongful Imprisonment Cases        It happens more frequently than is generally known that innocent people spent time in  prison for crimes they did not commit. In recent years due to advanced techniques for comparing DNA evidence and more attention... October 22, 2009 Five Common Fears About Getting Divorced 1. Losing the kids Parents say they are afraid they will “lose the kids” if they get divorced or that their spouse has threatened to “take the kids away” from them if they file for divorce.  Of course, for most parents, not spending time with the... October 22, 2009 What to do if You Find Out Your Spouse Concealed Assets in Your Divorce? Frequently, parties to a divorce discover after the divorce is done that their former spouse has concealed assets or income from them and the court. When a husband or wife hides income or assets, it is called “fraudulent concealment.”  When a spouse... October 21, 2009 Bankruptcy Basics The purpose of this article is to give a basic overview of the bankruptcy process with particular emphasis, where appropriate, on the State of Connecticut.  Although the Bankruptcy Code is a Federal law, variations in state laws that effect bankruptcy... October 21, 2009 What Property Can You Keep in Bankruptcy: The Connecticut Exemptions In Connecticut, bankruptcy filers have two sets of exemptions available to them, State of Connecticut and Federal.  When you hear the word “exempt”, think of the word “protect”.  You are literally protecting your assets as you travel through... October 21, 2009 What Property Can You Keep in Bankruptcy? The Federal Exemptions In Connecticut, bankruptcy filers have two sets of exemptions available to them, State of Connecticut and Federal.  When you hear the word “exempt”, think of the word “protect”.  You are literally protecting your assets as you travel through... October 21, 2009 What do you do if you suffer injuries in a car accident caused by a hit and run driver? What do you do if you suffer injuries in a car accident caused by a hit and run driver?    What if your injuries are caused by a “hit and miss,” when a driver whose vehicle does not actually strike your vehicle, but whose negligent or reckless... October 21, 2009 Making Your Medical Records Work for You in Appealing Long-Term Disability Benefit Denials Everyone who goes to the doctor is familiar with the routine of the doctor asking questions and making notes in a chart.  For most of us, few people may look at those notes again, and they won’t play a big role in our lives.  For someone with a... October 20, 2009 Factors Considered in Evaluating A Personal Injury Case For Settlement The vast majority of personal injury cases, such as car accidents, slip and falls, medical malpractice, settle before trial.  Evaluating what damages the injured person may be able to recover in a trial is crucial in reaching the... October 20, 2009 Sales Tax Clearance Letter and the Connecticut Successor Liability Statute Someone buying the assets of another company doesn’t expect to be liable for any of the obligations of the seller’s company.  In fact, the purpose of an asset purchase, rather than buying the shares of the company itself, is to avoid being liable... October 20, 2009 Interview at Police Station             If you are arrested, or under suspicion for having committed a crime, you may find yourself transported, by “friendly gendarmes” to a nearby police station for questioning.  You will... October 20, 2009 The Police Are Knocking At the Door: What Are Your Rights?             If you get a knock on your door, and find police officers on your doorstep asking to come in so they can search, there a few things you need to know.  First and foremost, the Fourth... October 15, 2009 Recent 2009 Federal Tax Developments 2009 has seen a number of new federal tax developments. We'd like to highlight some of the more important federal tax developments for you.  Please give our office a call or send us an email if you have any questions about these developments. ... October 15, 2009 Changes in Connecticut's Estate and Gift Taxes: 2009 Legislative Session In recent legislation, Connecticut has changed the State’s estate and gift taxes effective as of January 1, 2010.  The most significant changes include increasing the Connecticut estate and gift tax exemption to $3.5 million effective as of January 1,... September 23, 2009 What to consider in your divorce Prior to going through a divorce it is a very good idea to understand what the issues that need to be decided are. Generally they fall into 4 categories: 1.       Children's issues including parenting plans, access, etc.... September 23, 2009 What Financial information do you need in your divorce? Obtaining and understanding a couple's financial information is critical in either a divorce or uncoupling situation. It is important to have knowledge of and an appreciation for parties' incomes, expenses, assets and debts. As a matter of fact, in a... September 23, 2009 Taking Care of Yourself during Your Divorce Many people feel overwhelmed by the divorce or separation process. It seems a daunting task to divide personal property, arrange financial plans, deal with emotions from the children, answer questions from family and friends, change your life status, and... September 15, 2009 Minibikes & Manhole Covers             In a 2007 case,[1] the plaintiff, a mini-bicyclist, sued defendant, a paving contractor that recently repaved a road under an agreement with the City of Meriden, alleging that he was injured... September 15, 2009 Riparian Rights in Nonnavigable Waters             Connecticut has consistently followed the common law rule concerning ownership of land beneath bodies of water.[1]  With respect to man-made, nonnavigable[2] bodies of water, the... September 15, 2009 Ski Tort Liability             Since the 1960, skiing has emerged as a significant sport and a large tourist industry for many states in the country.  The liability that a ski area provider has to its patrons has... September 14, 2009 Biomechanical Engineer Testimony in a Low-Impact Collision Case             The defense approach in the trial of a low-impact collision case is to retain accident reconstruction and biomechanical engineering experts to support the contention that the low-impact... September 13, 2009 Motorcycle & Minibike Injuries             Landowners have no liability for injuries caused through the use of motorcycles or minibikes upon their land, regardless of whether the user had permission to be on the land, unless the... September 12, 2009 The Rescue Doctrine - Danger Invites Rescue             The rescue doctrine was first promulgated by Judge Cardozo in a 1921 New York case[1] in which the court stated: “Danger invites rescue.  The cry of distress is the summons to... September 9, 2009 A Tale of Three Processes John and Mary have been married for 15 years. Both have good jobs (Doctors/teachers/insurance executives/engineers - you fill in the blank.) They have 2 great kids, ages 8 and 13. They have a home with some equity, retirement accounts, a pension, some... September 9, 2009 Long-Term Disability Benefits Appeals                     You have been denied long term disability benefits by your employer-provided disability plan.  The denial letter says you have 180 days to... August 17, 2009 Snowmobile & All-Terrain Vehicle Injuries             Landowners have no liability for injuries caused through the use of snowmobiles or all-terrain vehicles (ATVs) upon their land, regardless of whether the user had permission to be on the... August 17, 2009 Firefighters & Fire Trucks on Interstate 95             In a recent case, Kumah v. Brown, 2009 Conn. Super. LEXIS 31, the plaintiffs, an injured person and his wife, alleged negligence against the defendants, a town and a volunteer firefighter,... August 16, 2009 Railroad Track & Trestle Injuries             When injuries occur on railroad tracks, railroad trestles, and on land on which railroads own a right-of-way, and railroad companies are defendants, often a complex array of federal and... August 16, 2009 Hedonic Damages for the Loss of Enjoyment of Life             There are two types of damage awards in personal injury, wrongful death or survival actions: economic and noneconomic damages.[1]  Economic or “special” damages include past and future... August 16, 2009 Wrongful Death Statute & Survival of Civil Actions Statute             Connecticut’s wrongful death statute, found at Conn. Gen. Stat. § 52-555, provides for the recovery of “just damages,” medical expenses and funeral expenses by the executor or administrator... August 16, 2009 Dead Man’s Statute             It is fundamental in evidentiary law that an out-of-court statement that is offered to establish the truth of the facts contained in the statement is hearsay and is generally inadmissible... August 15, 2009 Good Samaritan Law             Connecticut’s Good Samaritan Law immunizes medical personnel, persons trained in cardiopulmonary resuscitation, railroad companies and employees, and other appropriate personnel from suit... August 15, 2009 Charitable Immunity             The Connecticut Legislature abolished the common-law defense of charitable immunity by statute in 1967.  Conn. Gen. Stat. § 52-557d provides: “The common law defense of charitable... August 15, 2009 Vicarious Liability of Car Owners & Lessors               Generally at common law, the owner of a motor vehicle is not liable for injuries caused by the negligence of another person driving the vehicle (i.e., vicariously liable) unless the... August 14, 2009 The Vexing Matter of Vexatious Litigation             A vexatious suit is the appellation given in Connecticut to the cause of action created by statute for the malicious prosecution of a civil suit, and which is governed by the same general... August 14, 2009 Malicious Prosecution               Connecticut has three closely related actions for the tort of misuse of the legal system: malicious prosecution, vexatious litigation and abuse of process.  Although quite... August 14, 2009 Abuse of Process             Under Connecticut law, “abuse of process” is the misuse of process regularly issued to accomplish an unlawful ulterior purpose.[1]  Although attorneys have a duty to their clients and... August 13, 2009 Superseding Cause             In tort law, there is a relationship among proximate cause, concurrent cause, and superseding cause.  Proximate cause results from a sequence of events unbroken by a superseding cause,... August 13, 2009 Similar Prior Accidents             Typically, evidence of conduct of a person on another occasion or occasions may not be proved simply to show that, having done the same thing before, the person is likely to have done it on... August 13, 2009 Falling Tree Limbs             Trees and tree limbs have generated many falling object cases.  Trees and their limbs usually fall because they are decayed and rotting or because they are blown about in a storm. ... August 13, 2009 Fireman’s Indemnification Statute: Conn. Gen. Stat. § 7-308             The Fireman’s Indemnification Statute, Conn. Gen. Stat. § 7-308, provides for the assumption of liability by a municipality for damages caused by firemen or volunteer ambulance... August 13, 2009 Distinction between Sovereign Immunity & Governmental Immunity               The common law principle of sovereign immunity, which holds that the state may not be sued without its consent, is well established in our jurisprudence.[1]  The underlying... August 13, 2009 Agency, Vicarious Liability & the Doctrine of Respondeat Superior             Vicarious liability is based on a relationship between the parties, irrespective of participation, either by act or omission, of the one vicariously liable, under which it has been... August 12, 2009 Loss of Consortium and its Development in Connecticut             Over the past fifty years, the common law has recognized certain intangible benefits that flow from the relationship between a husband and wife.  These benefits are commonly referred to... August 12, 2009 Loss of Parental Consortium             The majority of jurisdictions today do not recognize a child’s claim for loss of parental consortium when a parent is seriously injured or killed by a tortious act.  There is, however,... August 12, 2009 Parental Liability for Torts of Minors             At common law, the torts of children do not impose vicarious liability upon parents qua parents, although parental liability may be created by statute, or by independently negligent behavior... August 12, 2009 Action for Indemnification against a Municipality             Generally, a municipality is immune from liability unless the legislature has enacted a statute abrogating such immunity.[1]  Two such statutes are Conn. Gen. Stat. § 7-465[2] and §... August 11, 2009 Allergies & Peculiar Susceptibility: Implied & Express Warranties             Many people suffer product-related injuries because they are allergic to ingredients in the products they use.  Where the product or an ingredient in the product would not cause injury... August 11, 2009 Negligence, Known Dangers & Duty to Warn unusually Susceptible Plaintiff             If a product liability action is instituted by an allergic user of a product on the grounds of negligence, the manufacturer or supplier of a product that is harmless to most normal persons... August 11, 2009 Strict Liability in Tort to Allergic Users             Many people suffer product-related injuries because they are allergic to ingredients in the products they use.  Where the product or an ingredient in the product would not cause injury... August 11, 2009 Parental Immunity Doctrine             The doctrine of parental immunity,[1] which shields parents from liability in actions of negligence brought by their children, has in recent years undergone close scrutiny and criticism in... August 11, 2009 Familial Immunity Doctrines – Sibling, Spousal & Grandparent Immunities               The concept of familial immunity had its inception in 1891 in a Mississippi case which held that a minor child could not maintain a negligence action for personal injuries against... August 11, 2009 Taking Care of Yourself During a Divorce Taking Care of Yourself During the Divorce Process Many people feel overwhelmed by the divorce or separation process. It seems a daunting task to divide personal property, arrange financial plans, deal with emotions from the children, answer questions... August 11, 2009 Important Divorce Considerations Prior to going through a divorce it is a very good idea to understand what the issues that need to be decided are. Generally they fall into 4 categories: Children's issues including parenting plans, access, etc. Property and debt division Family cash... August 11, 2009 What Financial Information Do You Need In Your Divorce? What Financial information do you need in your divorce?Obtaining and understanding a couple's financial information is critical in either a divorce or uncoupling situation. It is important to have knowledge of and an appreciation for parties' incomes,... August 11, 2009 The Three Options For Your Divorce A Tale of Three ProcessesJohn and Mary have been married for 15 years. Both have good jobs (Doctors/ teachers/ insurance executives/ engineers - you fill in the blank.) They have 2 great kids, ages 8 and 13. They have a home with some equity, retirement... August 5, 2009 Parking Lot Cases of Negligent Security/Supervision             In a premises liability parking lot assault case, the Connecticut Supreme Court, in Monk v. Temple George Assocs., LLC, 273 Conn. 108 (2005), established a new rule for imposing a duty of... August 1, 2009 Firefighters' Rule               An important category of entrants which deserves separate treatment is that of police officers, firefighters, and other public safety employees.[1] Since such persons enter the... July 30, 2009 Lettuce Leaf on Floor Slip & Fall Injuries             The Connecticut Supreme Court first recognized the “mode of operation” as a standard of proof in a premises liability action in Kelly v. Stop & Shop, 281 Conn. 768 (2007).[1] ... July 30, 2009 Falling Merchandise             Cases involving injuries caused by falling objects were once a quiet backwater of premises liability law.  Most cases involved objects such as dropped tools on construction sites, or... July 30, 2009 Supermarket Slip & Fall Cases Proof of Actual or Constructive Notice Required in all Premises Liability Cases               The general rule in premises liability cases is that a plaintiff must prove notice of a defect. ... July 30, 2009 Social Guests             The invited social guest is a category of licensee that is worthy of special consideration.  Even though expressly invited onto the premises by the landowner host, a social guest is not... July 30, 2009 Postman a Licensee Comparable to a Social Invitee               The specific issue of whether a letter carrier is a licensee or an invitee has not been decided directly by any Connecticut appellate authority. Connecticut’s Supreme Court has... July 30, 2009 Common Carriers             Traditionally there is a higher duty of care imposed upon common carriers with respect to the treatment and safety of their passengers.[1]  Some courts, therefore, have recognized such... July 29, 2009 Defects in Stairways & Steps             Slip and fall injuries on stairways and steps may be caused by the presence of slippery foreign substances, or debris, or due to inadequate lighting, or negligent maintenance, or design of... July 29, 2009 Expert Testimony in a Premises Liability Case             In establishing whether a particular condition is unreasonably dangerous, many slip and fall litigants frequently call on a variety of expert witnesses to prove such things as the existence... July 28, 2009 Ice & Snow Slip & Fall Injuries             Natural accumulations of ice and snow occurring outdoors on various steps and walkways present several different issues relating to the landowner’s liability for slip and fall... July 28, 2009 Storm in Progress, or On-Going Storm Doctrine             A landowner’s duty of reasonable care permits a reasonable period of time within which to remove the hazard following the cessation of a snowfall or other weather condition responsible for... July 28, 2009 Subsequent Remedial Measures             The general rule is that evidence of subsequent repair is not admissible on the issue of negligence.[1]  Courts may admit evidence of subsequent remedial measures if offered for other... July 28, 2009 Slip & Fall Injuries at Indian Casinos             Indian tribes have long been recognized as possessing the common-law immunity from suit traditionally enjoyed by sovereign powers.[1]  Indian tribes are “domestic dependent nations”... July 28, 2009 Recreational Use Statute             Connecticut passed the Recreational Land Use Act in 1971, commonly known as the Recreational Use Statute.[1]  At present, virtually all jurisdictions have enacted recreational use... July 28, 2009 Construction Site Injuries               Construction site injury litigation usually involves a variety of potential defendants and a number of complex legal issues.  In the case of an injury to an employee of a... July 27, 2009 Condominium Slip & Fall Cases             A condominium is a multi-unit dwelling structure in which each owner holds a fee simple title in his own unit, while retaining a proportionate undivided interest as a tenant in common,... July 26, 2009 Parameters of a Highway Defect             The state highway defect statute[1] is a legislative exception to the common law doctrine of sovereign immunity and is to be strictly construed in favor of the state.  While negligence... July 26, 2009 Mountain Bike Trail Maintenance a Discretionary Governmental Act             In Martel v. Metro. Dist. Comm'n, 275 Conn. 38 (2005), the plaintiff was injured while mountain biking on an unpaved dirt trail in a recreation area owned by the Metropolitan District... July 26, 2009 Firehouse Rented to Private Individuals a Proprietary Function             In Mazurek v. Town of East Haven, 99 Conn. App. 795 (2007), the plaintiff was injured while departing from a birthday party held at the Foxon volunteer firehouse in East Haven in December... July 26, 2009 Municipal Premises Liability             A municipality itself was generally immune from liability for its tortious acts at common law.[1]  Governmental immunity may, however, be abrogated by statute.  The state... July 26, 2009 Trip & Fall and Slip & Fall Injuries             Among the most common premises-related cases are slip and fall cases, in which the plaintiff is injured after slipping on a foreign substance, and trip and fall cases, in which the plaintiff... July 25, 2009 Building Codes & Fire Codes             In premises defect cases involving sidewalks, steps and stairways or other parking lot defects, the plaintiff is faced with the challenge of proving that the alleged defect constitutes an... July 25, 2009 Specific Defect Doctrine in Premises Liability Case             Relevant case law in Connecticut places a heavy burden on a “slip and fall” plaintiff to demonstrate that a defendant had actual or constructive notice of the specific defect that led to the... July 25, 2009 Municipality May Shift Liability for Snow & Ice on Public Sidewalk             In 1981, the legislature enacted Conn. Gen. Stat. § 7-163a,[1] which not only permits a town to adopt an ordinance that requires abutting landowners to remove snow and ice on public... July 25, 2009 Notice on the 92nd Day               The Municipal Defective Highway Statute, Conn. Gen. Stat. § 13a-149, provides that any person injured by means of a defective road or bridge must provide written notice of the... July 25, 2009 Actual Notice of Hazardous Conditions             A crucial factor in establishing liability for a slip and fall injury is showing that the defendant had notice of the hazardous condition.  Without such notice, no liability will... July 24, 2009 Constructive Notice of Hazardous Conditions               If a slip and fall injury results from some unreasonably dangerous condition existing on the premises about which the owner or occupant lacks actual knowledge, the plaintiff may... July 24, 2009 Dog Bite Statute             Connecticut’s Dog Bite Statute, Conn. Gen. Stat. § 22-357, imposes strict liability upon the owner or keeper of any dog that does damage to the body or property of any person.  If the... July 23, 2009 Premises Liability in the Landlord-Tenant Context               The general rule regarding premises liability in the landlord-tenant context is that landlords owe a duty of reasonable care as to those parts of the property over which they have... July 23, 2009 Duty of Care Owed by Possessor of Land             In general, there is an ascending degree of duty owed by the possessor of land to persons on the land based on their entrant status, i.e., trespasser, licensee or invitee.[1]  A... July 23, 2009 Doctrine of Sovereign Immunity Doctrine of Sovereign Immunity The King can do no Wrong[1]               Connecticut, has long recognized the validity of the common-law principle that the state cannot be sued without its... July 23, 2009 Nondelegable Duty Doctrine             The nondelegable duty doctrine means that the party with such a duty may not absolve itself of liability by contracting out the performance of that duty. Both the Connecticut appellate court... July 22, 2009 Abutting Property Owner             Under the common law rule, an owner of land abutting a public street or a sidewalk generally has no duty to maintain or to repair the public way.  An abutting property owner may be... July 22, 2009 Sole Proximate Cause Doctrine             The state highway liability statute, Conn. Gen. Stat. §§ 13a-144 and 13a-149, is a legislative exception to the common law doctrine of sovereign immunity and is to be strictly construed in... July 22, 2009 Defective Highway Statute             Two statutes permit recovery from the government for injuries caused by defective roadways, sidewalks and bridges. Conn. Gen. Stat. § 13a-144 permits recovery against the state for such... July 21, 2009 Economic Damages for Personal Injuries             One who has been injured through another’s fault and whose earning capacity has been impaired by the injury is entitled to recover damages for the loss sustained by reason of such... July 19, 2009 Sending the Jury Back             The handing down of the jury's verdict is undoubtedly the most anticipated point in a trial. Having issues of fact decided by a jury of one's peers is a fundamental aspect of the American... July 18, 2009 Additur & Remittitur         An additur is the power of the trial court to assess damages or increase the amount of an inadequate award made by jury verdict, as a condition of a denial of a motion for a new trial,[1] with the consent of the... July 17, 2009 Duty of Care & Foreseeability             “Duty” is a legal conclusion about relationships between individuals, made after the fact, and imperative to a negligence cause of action.  The nature of the duty, and the specific... July 16, 2009 Compensability of Injuries Sustained by an Employee       For an employee’s injuries to be compensated under the Connecticut Workers’ Compensation Act, his injuries must have arisen out of and in the course of his employment.  If such are the facts of the case, then the Workers’... July 15, 2009 Exclusivity of Workers’ Compensation Act       The Connecticut Workers’ Compensation Act[1] bars all common-law actions brought by employees against their employer for “job related injuries with one narrow exception that exists when the employer has committed an... June 23, 2009 Eggshell Plaintiff Doctrine A defendant who has caused damages in a tort is liable for those injuries proximately caused.  However, the tortfeaser “takes the victim as he finds him.”  What this means is that if the plaintiff has pre-existing condition of health at the time... June 20, 2009 Testimony of Property Damage Appraiser When an insurance adjuster testifies during the trial of a motor vehicle case, his testimony is that of a fact witness, as he is not offering expert testimony, according to the Connecticut Appellate Court in  Shepard v. Mitchell, 96 Conn. App. 716... June 19, 2009 Apportionment Two voices are there: one is of the sea, One of the mountains; each a mighty voice.[1]               The principle underlying the enactment of Connecticut’s apportionment statute, Conn. Gen.... June 18, 2009 Expert Witness Disclosure Rules Change Dramatically Effective January 1, 2009, the Connecticut Practice Book rules for expert disclosure changed dramatically.  The new rules apply to every case, whether new or pending.  Changes to Practice Book Rule § 13-4 include:   What is included in... June 16, 2009 Invisible Injuries - Traumatic Brain Injuries, PTSD & Depression            Brain injury cases pose difficult challenges.  Many times, brain damage is not obvious or immediately apparent in its victim, which is why brain damage is often referred to as an “invisible... May 6, 2009 What To Do If You Are Involved In An Auto Accident What To Do If You Are Involved In An Auto Accident   Keep your registration and current insurance card in your car glove compartment.   STEP 1:   ·         Be certain that anyone who needs... March 19, 2009 Love Of The Great Outdoors Keeps Lawyer's Life In Balance The CT Cheshire Herald March 19, 2009 Love Of The Great Outdoors Keeps Lawyer's Life In Balance John Rook; Herald Staff      Sally Roberts knows all about the challenges of being a trial lawyer. As a civil litigator for the law firm... February 17, 2009 Review of Lemon Law Arbitration Awards by Trial Court Connecticut’s statutory framework regarding new automobile warranties has had much “traffic.”  In common parlance, the statute is known as the Lemon Law.[1]  The “Lemon” reference pertains to a motor vehicle.  Judicial analysis of the Lemon... September 18, 2008 Thinking About a Minority Ownership in a Business? Watch Out! What’s the most important fact in common among the following? · A friend, who owns 100% of a consulting firm company, approaches you about investing $50,000 in the company to bring new software to market in return for a 30% interest in the company; ·... September 18, 2008 Your Practice Is A Success; Now Sell It Successfully! When you sell your car, with the exception of certain Corvette owners, you usually don’t care what happens to it after the check clears. Whether the owner drives it into a tree, or changes the oil every three thousand miles doesn’t make a difference, so... March 10, 2008 Climbing Above The Stresses Of Law This article is reprinted with permission from Connecticut Law Tribune. ©2008 ALM Properties, Inc. Further duplication without permission is prohibited. All rights reserved. Connecticut Law Tribune Monday, March 10, 2008   Images... November 24, 2007 Rape Shield Laws Rape shield laws, present in 50 states and the District of Columbia, limit the use of a victim’s prior sexual history as a means to undermine the credibility of the victim’s testimony.[1] In the 1970s, states began to enact these laws due, in part, to... November 18, 2007 Megan’s Law Historical Perspective Sex Offender Registration and Notification Laws (“SORNLs”) have been dubbed the modern day scarlet letter. [1] Tantamount to public branding in the technology age, SORNLs have secured a permanent place among the state’s measures to... November 15, 2007 The Unsealing of Connecticut’s Courthouse Doors Over the last several years, there has been much front page news over the sealing of files in the Connecticut court system. It is important to place the current publicity regarding court closure in the fabric of the history of access to court documents, and... April 4, 2007 The First Amendment Conflict and Roman Catholic Clergy In recent years, clerical sexual abuse has been exposed as a problem of startling proportions, touching and impacting nearly every American diocese. According to one study commissioned by the American Catholic Bishops, over the last fifty-two years, four... March 27, 2007 Pseudonymous Parties in Connecticut Pseudonymous Parties in Connecticut-- Meet John & Jane Doe The Connecticut Practice Book rules regarding closure of the courtroom and sealing of documents were substantially revised in 2003.[1] Prior to July 1, 2003, Practice Book § 11-20 read:... March 22, 2007 Spousal Privileges History of the Marital Privilege             At common law, the marital privileges have developed along two lines.  The first to develop, the adverse testimony privilege, has generally been... January 22, 2007 Spoliation of Evidence Connecticut has a new tort: Intentional spoliation of evidence.   The Connecticut Supreme Court, in Rizzuto v. Davidson Ladders, Inc., 280 Conn. 225 (2006)[1], a decision released on October 3, 2006, recognized intentional spoliation of evidence as a... January 9, 2007 Municipal Liability & Immunity After Considine v. City of Waterbury Municipalities which have relied on governmental immunity may be sleeping less restfully after the Connecticut Supreme Court poked some holes in their security blanket In Considine v. City of Waterbury,1 a decision released by the Connecticut Supreme... October 12, 2006 The New House Party Law The House Party Law is a new law, effective October 1, 2006, which makes it a crime to knowingly allow a minor, defined as a person under twenty-one years of age, to possess alcohol on their private property.  Contained within An Act Concerning... October 11, 2006 Freedom of the Press   A new law went into effect on October 1, 2006, which provides protections for reporters and the news media.  An Act Concerning Freedom of the Press[1], sponsored by the Joint Committee on the Judiciary, was passed on June 6, 2006. The new law... October 5, 2006 New Connecticut Law on Parental Relocation Since the Connecticut Supreme Court decided the Ireland v. Ireland case in 1998, families, lawyers and courts have been struggling with and confused about its impact on relocating parents and custody orders. Effective October 1, 2006, there is a new statute... September 20, 2006 Peril of Puddles, Municipal Liability If a parent slips and falls on a puddle of water that has accumulated at the bottom of a back door stairway when she is at the school to pick up her children, can the school’s superintendent of education, the school principle, the school maintenance... September 4, 2006 Planning to Compete with Your Current Employer? Plan Carefully! Many new businesses start when someone leaves a current employer to start a firm, maybe in the same city and in the same practice area as the former employer.  This can result in a cooperative relationship in which the former employer helps you get... August 23, 2006 Dealing with Disciplinary Hearings before Connecticut’s Department of Public Health *Published in the February 2007 issue of Connecticut Medicine. An earlier version of this article was published in the July 1993 issue of Connecticut Medicine. One day you open your business mail only to be greeted by a notice from the State of... August 5, 2006 Process of "Process" Process of “Process”   By Sally A. Roberts   It takes a process to understand the veritable maze of “process” one encounters in the legal system. There are 12 different entries in Black’s Law Dictionary under “Process.”  The first entry... April 25, 2006 Eight Key Points For Contractors To Know About Safety Obligations In Construction Contracts There is a growing trend for owners to include in construction contracts specific obligations and duties regarding jobsite safety in addition to, or in place of, the routine language requiring the contractor to comply with “all applicable federal state or... March 4, 2006 Connecticut’s Grand Jury System Connecticut’s Grand Jury System By Richard R. Brown, Esq. & Sally A. Roberts, Esq. I. Introduction A. Definition and Nature B. Origin and History C. Grand Jury takes root in Connecticut D. Criticism of the Grand Jury II. Constitutional... December 3, 2005 Trees & the Law “I think that I shall never see a poem lovely as a tree.”[1]               It is almost beyond comprehension that something which appears as simple, lovely and majestic as the everyday common... November 30, 2005 Mandatory Arbitration in Connecticut Courts In Connecticut, there is a mandatory arbitration program for certain civil actions meeting the statutory requirements. Pursuant to Connecticut General Statutes Section 52-549u et seq., any civil action in which in the discretion of the court, the reasonable... November 2, 2005 Bankruptcy Reform and Consumer Protection Act of 2005 We knew it was coming, and we knew it would be bad for debtors in bankruptcy. We still don’t know just how bad it will be. But we are beginning to realize that that the Bankruptcy Reform and Consumer Protection Act of 2005 is here after almost a decade of... October 20, 2005 When Are Hospitals Liable for a Doctor’s Error                     Traditionally, the courts have denied recovery against hospitals for the acts of independent contractor physicians. However, the modern trend is... October 14, 2005 Insurance Companies Have a Broad Duty to Defend You Against Lawsuits If your insurance company refuses to provide legal counsel to defend a claim that you feel is covered by your insurance policy, go to your lawyer. The Connecticut Supreme Court in the Wentland v. American Equity Insurance Company 267 Conn. 592 (2005) case... October 13, 2005 Commerical Tenants: Get the Best Lease You Can Leases for commercial space are commonly long, full of legalese, and no fun to read. As a future tenant, you may be tempted to decide that it's all boilerplate, and just sign it without reviewing it in detail. If you do this, you may not be getting the deal... September 1, 2005 Court Rule Imposes New Hurdle for Custody Modifications A court rule effective October 1, 2005 requires those seeking to modify a final order of custody or a Parental Responsibility Plan to first file and serve on the other party a request for leave (permission of the court) to file the motion. An affidavit must... September 1, 2005 New changes to custody statute effective October 1, 2005 In a bill passed in the 2005 Session, the Connecticut General Assembly made extensive changes to §46b-56 of the Connecticut General Statutes, the primary statute governing orders of custody in the family division of the court. The Office of Legislative... August 31, 2005 Expulsions from School Expulsions of students for a wide array of transgressions is ever increasing with the proliferation of youth crime and delinquency. Connecticut law mandates that any activity on school grounds which violates school policy or is seriously disruptive of the... August 31, 2005 The Juvenile Justice System: An Overview I. The Juvenile System Confidentiality in the adult criminal justice system is essentially non-existent, since such proceedings are constitutionally public. Intense media scrutiny is often focused upon certain criminal cases. The juvenile system... August 15, 2005 You’ve Got the LLC. Do You Need an Operating Agreement? Choice of Entity: There is little debate regarding the best type of business entity for small consulting firms: a limited liability company, or “LLC,” is the best choice. Like a corporation, it protects its “members” or owners from individual liability for... August 15, 2005 Part-Time Consulting: Do You Need an LLC? You have decided to get away from the numbers, and follow your bliss by going to the Culinary Institute of America to become a pastry chef, but want to do some consulting on the side to finance your transition and pay for your toque and full set of balloon... August 15, 2005 The Virtual Firm: Agreements with Peers Working on a project with another consultant? Congratulations. You may have just formed a general partnership. Joining with a peer to do a project is a great way to handle a project that would otherwise be too big, or for which you do not have all the... August 15, 2005 Using Contractors To Create a Project Team: Legal Issues to Watch You’ve landed a great contract, a contract so great that you can’t do all the work yourself or with your current staff. You know just the person to do the number crunching to allow you to work on the strategic direction and client management. Before you... August 15, 2005 Legal Issues with Client Agreements for the Independent Consultant Congratulations! You’ve just landed a great assignment with a new client. You want to just sign the ten-page boilerplate contract the client sent you so you can get the work done and get paid. Don’t let the joy and anticipation of a new project lead you to... August 15, 2005 New Child Support Guidelines Connecticut's Child Support Guidelines have been revised, as periodically required by law, effective August 1, 2005. Here are some of the changes from the old guidelines in effect since 1999: It is no longer necessary to compute what portion of... Rape Shield Laws   ________________________________________________       This item is featured on the websiteThis item is not featured on the website 2005 Medical Malpractice Legislation On July 13, 2005, Senate Bill 1052, “An Act Concerning Medical Malpractice,” was signed by the Governor.  This was, as always, a contentious bill with much debate of many of its provisions, as is evident from a review of the legislative history. The... Mental Impairments: Disabilities And Accommodation I. Introduction The issues regarding the Americans with Disabilities Act, 42 U.S.C. § 12101, 12102, 12111-12117, 12201-12213, (the "ADA") that employer and employee counsel confront daily are heightened in the case of mental impairments. Since mental... Appealing Benefit Denials with the Plan: Law, Regulations and Practice I. Introduction Your client comes into your office with a great case: the long-term disability insurer for the employer's plan denied disability benefits to a brain surgeon who has Parkinson's. You are all ready to file suit, planning on getting a third of... Post-Majority and College Education Support in Connecticut – Timing Matters Like so many things in life, the availability of child support beyond a child's 18th birthday is a matter of timing, in this case the date the parents were divorced. Before the age of majority was reduced from 21 to 18 in 1972, child support was available... Are Creditors Not Listed On My Bankruptcy Petition Discharged, Or Do I Have To Pay Them? This dilemma has long faced debtors who have filed a Chapter 7 case, received a discharge, and are then contacted by a creditor demanding payment because the debt was not listed on the petition. Or worse, a debtor, after having stellar credit since filing a... Has Divorce Revoked Your Will? If you are facing divorce, or are divorced, you need to take a close look at your estate planning documents to ensure that your wishes are carried out. Wills executed prior to January 1, 1997 are revoked under Connecticut law if the testator of the will is... Jack Welsh’s Red Sox Tickets, Devlin v. Empire Blue Cross And Vesting of Welfare Benefits Jack Welsh got everything from season box seats to the Yankees and Red Sox to dry cleaning and cable television as retiree benefits from GE. GE’s board may be thinking about taking a few of the perquisites away, considering the outcry they have generated.... With sexual harassment, what you don't know can really hurt you, and your clients Sexual harassment suits and complaints are common, expensive, and emotionally difficult for any of your employer clients. If you make sure, however, that your clients have a well-drafted, up-to-date sexual harassment policy, your clients can avoid many...  Our Attorneys -------Select an attorney------- Richard Brown Nicholas Paindiris Ronald Scott John Maxwell Kate Haakonsen Sean Peoples Christopher McCarthy Simon Lebo David Rintoul Donald Hamer J. Lawrence Price Gregory Arcaro Sally Roberts David Jaffe Chester Bukowski Louis Flynn William Stevens Barry Armata Jennifer Height Regina von Gootkin Bridget Gallagher Privacy Policy of Brown  New & Noteworthy BPS to Host Free Legal Clinics and... Chicago Tribune published article on... David Jaffe represents New Yorker... 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