PER CURIAM. This matter comes before us on a motion for vacatur by the defendant, Charlotte Hungerford Hospital (hospital). The plaintiff, the state of Connecticut, opposes the hospital's motion. We dismiss the case as moot, sua sponte, and vacate the judgments of the Appellate Court and the trial court. The record reveals the following relevant facts and procedural history. The present case arises from a claim before the claims commissioner (commissioner) wherein the claimant, who is not a...
ROGERS, C.J. The primary issue to be resolved in this matter is the proper construction of General Statutes (Sup.2012) 9-249a. 1 The plaintiff, the Republican Party of Connecticut, brought a declaratory judgment action in which it sought a determination that, because its candidate for the office of governor in the 2010 election received the highest number of votes under the designation of the Republican Party line on the ballot, the defendant, Denise W. Merrill, the secretary of the state,...
NORCOTT, J. The defendant, Cameron M., appeals 1 from the judgment of the trial court, rendered after a jury trial, convicting him of one count of risk of injury to a child in violation of General Statutes 53-21(a)(1) and one count of risk of injury to a child in violation of 53-21(a)(2). 2 On appeal, the defendant claims that: (1) the trial court improperly admitted into evidence a video recording and transcript of a forensic interview of the victim (forensic interview) pursuant to the...
PALMER, J. The defendants, the commissioner of labor (commissioner) and Related Management Company (RMC), appeal 1 from the judgment of the trial court sustaining the administrative appeal of the plaintiff, Joaquina Velez. The plaintiff had filed a complaint with the department of labor (department) against RMC, her former employer, alleging a violation of the Connecticut family and medical leave statute (leave statute), General Statutes 31-51kk et seq., which, by its terms, applies only to...
PALMER, J. This appeal requires us to consider the viability and scope of the doctrine of nullum tempus occurrit regi (no time runs against the king), 1 a common-law rule that exempts the state from the operation of statutes of limitation and statutes of repose 2 and from the consequences of its laches 3 in a manner similar to the closely related doctrine of sovereign immunity. 4 The plaintiff, the state of Connecticut, commenced this action against the named defendant, Lombardo...
ZARELLA, J. In this consolidated appeal, the plaintiffs in the first action (SC 18643), Craig Ugrin and Samantha Ugrin, and the plaintiffs in the second action (SC 18644), William Baker and Lisa Baker, appeal from the judgment of the trial court in favor of the named defendant, the town of Cheshire (town). 1 The plaintiffs filed virtually identical complaints against the town after a massive sinkhole developed on the Bakers' property less than two months after they purchased it and eleven...
HARPER, J. The principal issue in this certified appeal is whether Connecticut's Dram Shop Act (act), 1 General Statutes 30-102, 2 requires a plaintiff to prove that a patron was visibly or otherwise perceivably intoxicated 3 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. The plaintiff, John A. O'Dell, administrator of the estate of Patrick C. O'Dell (decedent), appeals...
PALMER, J. These appeals arise from the ruling of the named defendant, the freedom of information commission (commission), that the defendant Rashad El Badrawi was entitled, under the Freedom of Information Act (act), General Statutes 1-200 et seq., to the disclosure of a document that the plaintiff, the commissioner of correction (commissioner), obtained from a file in the National Crime Information Center (NCIC) computerized database, which is maintained by the Federal Bureau of...
PALMER, J. After a jury trial, the defendant, Richard Fourtin, was convicted of attempt to commit sexual assault in the second degree in violation of General Statutes 53a-71(a)(3) 1 and 53a-49 (a)(2), 2 and sexual assault in the fourth degree in violation of General Statutes (Rev. to 2005) 53a-73a (a)(1)(C), 3 both of which require proof beyond a reasonable doubt that the victim, 4 at the time of the offense, was physically helpless. 5 Under General Statutes 53a-65 (6), a person is...
NORCOTT, J. In this certified appeal, we consider whether an expert witness' testimony that the complainant has exhibited behaviors, which were identified as those characteristic of minor sexual assault victims, constitutes inadmissible vouching for the credibility of the complainant or opinion as to the ultimate issue of whether the complainant had been sexually assaulted, in violation of, for example, State v. Spigarolo, 210 Conn. 359 , 379-80, 556 A.2d 112, cert. denied, 493 U.S. 933,...
Opinion ZARELLA, J. The principal issue in this appeal is whether a physician who fails to advise an unaware patient of the potential driving risks associated with her underlying medical condition breaches a duty to the victim of the patient's unsafe driving because of the failure to advise. The plaintiff, John Jarmie, appeals from the judgment of the trial court in favor of the defendants, Frank Troncale, a physician and gastroenterology specialist, and Gasteroenterology Center of...
PER CURIAM. The named plaintiff, Tracey Haynes, on her own behalf and on behalf of the plaintiff Jasmon Vereen, her minor son, brought this action against the defendant, the city of Middletown, claiming that Vereen had incurred injuries when a fellow student at Middletown High School pushed him into a broken locker. Responding to the plaintiffs' complaint, the defendant filed its answer and special defense claiming municipal immunity pursuant to General Statutes 52-557n. Although the...
NORCOTT, J. In this appeal, we consider 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, 1 the plaintiff, Marc Grenier, as administrator of the estate of Nicholas Grass, claims that the trial court improperly rendered summary judgment for the defendants Delta Kappa Epsilon National...
ZARELLA, J. The principal issue in this appeal is whether a physician who fails to advise an unaware patient of the potential driving risks associated with her underlying medical condition breaches a duty to the victim of the patient's unsafe driving because of the failure to advise. The plaintiff, John Jarmie, appeals from the judgment of the trial court in favor of the defendants, Frank Troncale, a physician and gastroenterology specialist, and Gasteroenterology Center of Connecticut, P.C.,...
EVELEIGH, J. This certified appeal 1 arises from the termination of the parental rights of the respondent mother to her two minor children, Jason R. and Fernando R. (children). 2 The respondent appeals, following our grant of her petition for certification, from the judgment of the Appellate Court affirming the judgments of the trial court, rendered in favor of the petitioner, the commissioner of children and families, terminating her parental rights to the children. 3 In re Jason R.,...
HARPER, J. This case, involving the summary suspension of the medical privileges of the plaintiff, Stephen Harris, by the defendant, Bradley Memorial Hospital and Health Center, Inc., comes to this court for the second time. In the plaintiff's appeal; Harris v. Bradley Memorial Hospital & Health Center, Inc., 296 Conn. 315 , 319-20, 994 A.2d 153 (2010); this court determined that the trial court improperly had granted the defendant's motion for judgment notwithstanding the verdict on...
ROGERS, C.J. The dispositive issue presented by this premises liability appeal is whether the Appellate Court correctly concluded that the plaintiff, Karen DiPietro, had established the existence of a genuine issue of material fact concerning the defendants' actual or constructive knowledge of a dangerous condition. The defendants, Farmington Sports Arena, LLC (Arena), Dimensional Technology Group, LLC (Dimensional Technology), and Paul DiTommaso, Jr., 1 appeal, upon our grant of...
HARPER, J. The defendant, Orlito A. Trias, 1 an obstetrician and gynecologist, appeals 2 from the judgment of the trial court, after a jury trial, in favor of the plaintiff, Allison Downs, 3 with respect to the allegations that the defendant's negligence resulted in the plaintiff developing ovarian cancer. The defendant contends that, because the plaintiff's complaint turned on the defendant's failure to advise her that she should have her ovaries removed due to a family history of cancer,...
ROGERS, C.J. This case addresses whether, during proceedings to commit a minor child who has been adjudicated neglected to the custody of the commissioner of children and families, a respondent parent is entitled to a competency evaluation on the basis of her counsel's stated belief that such an evaluation is warranted. The Appellate Court affirmed the judgment of the trial court committing Kaleb H., a minor child, to the custody of the petitioner, the commissioner of children and families (...
ZARELLA, J. The primary issue is whether a non-party attorney may bring a writ of error from a trial court's order requiring the attorney to comply with a clear and definite discovery request. The plaintiff in error, Finn, Dixon & Herling, LLP (Finn Dixon), brought this writ of error from an order of the trial court requiring it to comply with a subpoena duces tecum issued by the defendants in error, Shipman & Goodwin, LLP, and Carolyn Cavolo (defendants), who are also the defendants in the...
