Justia Connecticut Supreme Court Opinion Summaries

The Supreme Court reversed in part the judgment of the trial court denying Plaintiff's motion to substitute the coexecutors of the estate of Defendant, her former husband, in his place, holding that the trial court erred in denying Plaintiff's motion to substitute as defendants the coexecutors of Defendant's estate.At issue was whether, under Conn. Gen. Stat. 52-599, a party to a dissolution of marriage action may substitute the executor of the estate of a deceased party in the place of the decedent when the pending civil proceeding seeks to open a judgment of dissolution on the basis of financial fraud. The trial court in this case determined that granting Plaintiff's motion to open would reinstate the parties' marriage and the reinstated marriage automatically would be dissolved due to Defendant's death, and therefore, the opened action for dissolution would abate, thereby prohibiting substitution under section 52-599(b). The Supreme Court disagreed, holding that because Plaintiff sought the opening of the dissolution judgment for the limited purpose of reconsidering the financial orders only, the granting of the motion would not have reinstated the parties' marriage, and Defendant's death did not defeat and render useless the underlying civil proceeding. View "Foisie v. Foisie" on Justia Law

In this medical malpractice action the Supreme Court dismissed this appeal insofar as Defendants challenged the subject matter jurisdiction of the trial court to open and vacate the final judgment of dismissal, holding that the substitute plaintiff had standing to move to open the judgment.The decedent, the eleven-year-old-son of Karla Wolfork and Damian Pisani, died while hospitalized. The probate court appointed Wolfork as the administratrix of the decedent's estate and Pisani as coadministrator. Wolfork, in her representative capacity, filed a medical negligence action against Defendants on behalf of the decedent's estate. The trial court later sua sponte dismissed the action pursuant to Practice Book 14-3 for failure to file a withdrawal of the action within the allotted time period. Pisani subsequently moved to open and vacate the judgment of dismissal, explaining that Wolfork had been removed as administratrix of the estate and that Pisani had been appointed sole administrator with the authority to handle all litigation. The trial court granted Pisani's motion, and Defendants appealed. The Supreme Court dismissed the appeal in part and remanded the case for further proceedings, holding that Pisani had standing to move to open the judgment of dismissal, and therefore, the trial court had subject matter jurisdiction to open and vacate the judgment. View "Wolfork v. Yale Medical Group" on Justia Law

In this action for constructive discharge, the Supreme Court affirmed the judgment of the Appellate Court affirming the trial court's judgment granting Defendant's motion to strike, holding that Plaintiff's complaint failed as a matter of law to allege that Defendant created a work atmosphere so difficult or unpleasant that a reasonable person in Plaintiff's shoes would have felt compelled to resign.Plaintiff, an optician formerly employed by Defendant, brought this action alleging that Defendant required him to violate public policy and that, as a result, Plaintiff was compelled to resign. The trial court granted Defendant's motion to strike, relying on Brittell v. Department of Correction 7171 A.2d 1254 (Conn. 1998). The Appellate Court affirmed. The Supreme Court affirmed, holding that Plaintiff failed sufficiently to allege the second requirement of a constructive discharge claim in his complaint. View "Karagozian v. USV Optical, Inc." on Justia Law

The Supreme Court affirmed the judgment of the Appellate Court affirming the judgment of the trial court in favor of Defendants on numerous tort claims following an unsuccessful pelvic mesh surgery, holding that the trial court properly directed a verdict on Plaintiffs' innocent misrepresentation claim because that claim did not lie as a matter of law in this context.In their complaint, Plaintiffs alleged lack of informed consent, innocent misrepresentation, negligent misrepresentation, intentional misrepresentation, and loss of consortium. The court directed a verdict for Plaintiffs on the innocent misrepresentation claim. After a trial, the jury returned a verdict for Defendants on the remaining counts. The Appellate Court affirmed. The Supreme Court affirmed, holding that the trial court properly (1) excluded two medical journal articles from evidence as hearsay when they had been offered to prove notice; and (2) directed a verdict for Defendants on the innocent misrepresentation claims. View "Farrell v. Johnson & Johnson" on Justia Law

In this dissolution of marriage action, the Supreme Court affirmed the judgment of the Appellate Court affirming the trial court's judgment of civil contempt rendered against Plaintiff, holding that the Appellate Court correctly concluded that the trial court properly found Plaintiff in contempt of court and properly denied the parties' joint motion to open and vacate the judgment of contempt. One year after Plaintiff commenced a dissolution action Defendant filed a motion for contempt, arguing that Plaintiff committed a willful violation of a court order when he withdrew approximately $70,000 from the parties' joint account and placed it into a separate, personal account. The court granted the motion after a hearing. Plaintiff filed a motion seeking reconsideration of the decision, which the trial court denied. Later, the parties filed a joint motion to open and vacate the judgment of contempt in part. The trial court denied the motion. The Appellate Court affirmed. The Supreme Court affirmed, holding that the Appellate Court did not err in finding that the trial court did not abuse its discretion in finding Plaintiff in contempt and failing to open and vacate the judgment of contempt. View "Hall v. Hall" on Justia Law

In this declaratory action concerning the per stirpes distribution of two family trusts the Supreme Court affirmed the decision of the trial court rendering summary judgment for Defendants, the trustees of the trusts and potential beneficiaries, and dismissing this action brought by Plaintiffs, potential beneficiaries, holding that the trial court did not err.The two trusts in this case contained language that, upon the expiration of the trust term, the trust principal was to be distributed to the grantor's issue then living, per stirpes. On appeal, Plaintiffs argued that the trial court erred in concluding that the language of the trust agreements treated the grantors' children, rather than the grandchildren, as the heads of the respective stirpes for purposes of distributing the trust principal. The Supreme Court disagreed, holding that the trial court correctly concluded that the trust instruments unambiguously provided that the heads of the respective stirpes should be the grantors' children. View "Schwerin v. Ratcliffe" on Justia Law

The Supreme Court affirmed the order of the trial court denying Defendant's motion to dismiss the murder and tampering with physical evidence charges against her, holding that the trial court did not abuse its discretion in determining that dismissal was not warranted.At issue was whether police officers executing a search and seizure warrant for Defendant's home invaded her attorney-client privilege to the extent the charges against her should be dismissed pursuant to State v. Lenarz, 22 A.3d 536 (Conn. 2011). On appeal, Defendant argued that the police prejudiced all further prosecution against her by examining, reading, and publishing privileged information that was in the arrest warrant application. The Supreme Court affirmed, holding that the trial court properly determined that Defendant was prejudiced by the examination and seizure of certain privileged documents but that the State demonstrated that the remedial actions that the State and trial court took cured the prejudice to Defendant. View "State v. Kosuda-Bigazzi" on Justia Law

The Supreme Court affirmed the trial court's judgment convicting Defendant's criminal possession of a firearm and having a weapon in a motor vehicle, holding that there was sufficient evidence to support the convictions.On appeal, Defendant argued that there was insufficient evidence to establish that she constructively possessed a firearm under Conn. Gen. Stat. 53a-217(a) or that she knowingly had a firearm under Conn. Gen. Stat. 29-38(a). The Supreme Court affirmed, holding (1) the facts and inferences reasonably drawn from the facts sufficiently established Defendant's constructive possession of the firearm beyond a reasonable doubt; and (2) in light of the conclusion that there was sufficient evidence to support Defendant's conviction under section 53a-217(a), the same conclusion can be reached to support Defendant's conviction under section 29-38(a). View "State v. Rhodes" on Justia Law

The Supreme Court dismissed this petition for certification to appeal from an order of the Appellate Court affirming the order of the trial court denying Defendant's motion for bond modification, holding that three related concerns inform the Court's decision not to exercise jurisdiction over Defendant's claims.Defendant moved for modification of his $250,000 bond and an order granting his release on a promise to appear, asserting that his asthma and sleep apnea put him at a heightened risk of serious consequences should he contract COVID-19. The lower courts denied relief. The Supreme Court affirmed, concluding (1) the procedural posture of this case would require the Court to exercise jurisdiction on grounds that were not raised by Defendant; (2) the record was devoid of evidence regarding the nature and degree of the risk Defendant claimed was heightened by his detention at a correctional facility; and (3) the fact that Defendant provided no information regarding the scope of the problem among other pretrial detainees was problematic. View "State v. Smith" on Justia Law

The Supreme Court affirmed the judgment of the Appellate Court affirming Defendant's conviction for carrying a pistol or revolver without a permit, in violation of Conn. Gen. Stat. 29-35(a), holding that there was sufficient evidence that the firearm Defendant was alleged to have been carrying had a barrel length of less than twelve inches.During trial, the State did not present direct, numerical evidence of the length of the firearm's barrel that Defendant was alleged to have been carrying. The State did, however, present relevant circumstantial evidence about the firearm. On appeal, Defendant argued that there was insufficient evidence that he carried a firearm with a barrel length of less than twelve inches. The Appellate Court disagreed and affirmed the conviction. The Supreme Court affirmed, holding that the Appellate Court correctly concluded that there was sufficient evidence that the firearm had a barrel length of less than twelve inches. View "State v. Covington" on Justia Law