LAVERY, J. The defendant, Yale-New Haven Hospital, Inc., appeals from the judgment rendered after a trial to the court awarding the plaintiff, Clorissa Hellamns, damages for injuries sustained in a fall on the defendant's property. The defendant claims that the court applied a standard of care contrary to law. The defendant also claims that the plaintiff failed to establish that the defendant had notice of the defect. We reverse the judgment of the court. The court found the following facts....
SULLIVAN, J. The petitioner, Douglas Davis, appeals following the denial of his petition for certification to appeal the judgment of the habeas court denying his amended petition for a writ of habeas corpus. The petitioner claims that the habeas court abused its discretion in denying certification to appeal, and that it improperly rejected his claims that his trial counsel provided ineffective assistance by failing to (1) investigate the petitioner's case, (2) adequately advise the petitioner...
DiPENTIMA, C.J. The dispositive issue in this appeal is whether the modification of penalties for illegal possession of marijuana following the enactment of No. 11-71 of the 2011 Public Acts (P.A. 11-71) "decriminalized" the possession of less than one-half ounce of marijuana for purposes of General Statutes 54-142d. 1 The defendant, Nicholas Menditto, appeals from the judgments of the trial court denying his petitions for destruction of records of his convictions for two counts of...
PELLEGRINO, J. The plaintiff, Jude Loiselle, appeals from the judgment of the trial court rendered in favor of the defendants, Browning & Browning Real Estate, LLC (Browning), Mary Beth Malin, and Raymond Preece. 1 On appeal, the plaintiff claims the trial court erred in (1) improperly admitting into evidence a portion of Malin's testimony at trial; (2) failing to find that Malin intended to interfere with the plaintiff's contractual relations; and (3) failing to address whether the conduct...
KELLER, J. The petitioner, Jose J. Martinez, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the court improperly rejected his claims that his trial counsel. Attorney Howard A. Lawrence, rendered ineffective assistance by failing to (1) move to dismiss the underlying criminal charge for lack of jurisdiction because a hearing in probable cause was not held within sixty days of the filing of the...
DiPENTIMA, C.J. The petitioner, Ronnell Banks, appeals from the judgment of the habeas court denying his amended petition for a writ of habeas corpus. On appeal, the petitioner claims that the denial of his petition was improper because his trial counsel provided ineffective assistance in failing (1) to introduce a police report into evidence and cross-examine witnesses therefrom, and (2) to request a continuance to prepare for the cross-examination of a witness. We affirm the judgment of the...
KELLER, J. The plaintiff, Adrian Stroud, appeals from the judgment of the trial court dismissing count three of his complaint, which was brought against the defendant Dennis Distefano. 1 The plaintiff claims that the court improperly granted the defendant's motion to dismiss. We affirm the judgment of the trial court. In his complaint, 2 the plaintiff alleged that, at times relevant, Mid-Town Tire & Supply, Inc. (Mid-Town), was in the business of providing towing and related moving services....
ALVORD, J. In this employment discrimination case, the plaintiff, James Walker, appeals from the summary judgment rendered by the trial court in favor of the defendant, the Department of Children and Families (department). The plaintiff claims that the court improperly failed to conclude that there was a genuine issue of material fact with respect to his allegations that the department terminated his employment on the basis of his race, color and gender in violation of General Statutes 46a-...
HARPER, J. The defendant, Enrique F., appeals from the judgment of conviction, rendered after a jury trial, on two counts of risk of injury to a child in violation of General Statutes 53-21(a)(1) and (2). On appeal, the defendant claims that the trial court erred in granting the state's motion to amend the long form information to conform to the testimony of the victim, and that he was deprived of a fair trial because of prosecutorial impropriety. We affirm the judgment of the trial court....
ALVORD, J. The respondent mother (mother) appeals from the judgments of the trial court terminating her parental rights as to her minor child Etta H. (Etta), 1 adjudicating her minor child Queensara H. (Queensara), neglected, and committing Queensara to the custody of the petitioner, the Commissioner of Children and Families (commissioner). On appeal, the mother claims that, with respect to Etta, the court made clearly erroneous factual findings that: (1) the Department of Children and...
ALVORD, J. The defendant, Dean Charles Campanaro, appeals from the judgment of conviction, rendered after a jury trial, of two counts of sexual assault in the second degree in violation of General Statutes 53a-71 (a)(1), two counts of sexual assault in the fourth degree in violation of General Statutes 53a-73a (a)(1)(B), one count of risk of injury to a child in violation of General Statutes 53-21(a)(1), one count of risk of injury to a child in violation of General Statutes 53-21(a)...
BEACH, J. The respondent father, Joseph P., appeals from the judgment of the trial court terminating his parental rights with respect to his minor child, H. 1 On appeal, the respondent claims that the court erred in (1) finding that the Department of Children and Families (department) made reasonable efforts to reunify him with H and that he was unable or unwilling to benefit from such efforts, (2) concluding that he failed to achieve a sufficient degree of personal rehabilitation, (3)...
PER CURIAM. The defendant, Amena Khatun, appeals from the judgment of the trial court denying her motion to open the judgment of strict foreclosure. On appeal, the defendant claims that the trial court abused its discretion by denying her motion to open the judgment and extend the law day. We affirm the judgment of the trial court. On May 15, 2008, the defendant signed a note in the amount of $405,000 secured by a mortgage encumbering 6 Mulvoy Street in Norwalk. The defendant defaulted on...
LAVINE, J. The plaintiff, the town of Wallingford, appeals from the judgment of the trial court dismissing its zoning appeal from the decision of the defendant 1 Zoning Board of Appeals of the city of Meriden (board) for lack of subject matter jurisdiction. The plaintiff contends that the trial court, by declining to find that the plaintiff was aggrieved, erred in granting the motion to dismiss. We affirm the judgment of the trial court. The following facts and procedural history are...
SHELDON, J. In this medical malpractice action, the plaintiff, Albert Ward, administrator of the estate of Elbart Ward (decedent), appeals from the summary judgment rendered in favor of the defendants, William Ramsey, a physician, and Connecticut Gastroenterology Consultants, P.C., on the basis of the trial court's earlier preclusion of the testimony of his expert witness, a board certified gastroenterologist, that the defendants' professional negligence proximately caused the death of the...
PER CURIAM. The respondent, Karin H. (mother), and the respondent, Joseph W., Sr. (father), each appeal from the judgments rendered in favor of the petitioner, the Commissioner of Children and Families (commissioner), in which the trial court found that the respondents' minor children, Joseph W., Jr., and Daniel W. (children), were neglected, and then terminated the respondents' parental rights with respect to both children. In AC 35555, the father claims that the evidence as to him was...
PER CURIAM. A trial court generally loses jurisdiction over a sentence that it has imposed once that sentence has begun to be served. Practice Book 43-22 embodies a common-law exception to this rule, wherein a trial court can at any time, even after the sentence has begun, correct an illegal sentence or sentence that has been illegally imposed. The principal issue in this case is whether the trial court has jurisdiction to address a motion to correct an illegal sentence, filed pursuant to...
DiPENTIMA, C.J. This appeal arises from consolidated actions brought by subcontractors to foreclose on mechanic's liens placed on the defendant's property to secure the value of their labor and services on a home improvement project. The defendant, Alison Edelman, individually and as executrix of the estate of her mother, Claudia Pearl, 1 appeals from the trial court's judgment accepting a report by the attorney trial referee (referee) awarding damages, interest, and attorney's fees to the...
BEAR, J. The respondent father, Steven H., appeals from the judgment of the trial court terminating his parental rights as to his minor child, Nyasia H. 1 On appeal, the respondent claims that the court erred when it denied a motion to disqualify Assistant Attorney General Carolyn Signorelli, the attorney representing the petitioner, the Commissioner of Children and Families, and that he is entitled to a new termination hearing because of this error. We conclude that the court did not...
PER CURIAM. The defendant, the state of Connecticut, Judicial Branch, appeals from the judgment of the trial court granting the application of the plaintiff, Judicial Employees Local 749, AFSCME, AFL-CIO, to vacate the arbitration award of June 15, 2011, and denying the defendant's motion to confirm the award. In that award, the arbitrator dismissed a grievance and found that the grievant's employment had been terminated for just cause in accordance with article 14 of the collective bargaining...
