Justia Connecticut Supreme Court Opinion Summaries

In this foreclosure action, the Supreme Court held that Defendants John Sanzo and Maria Sanzo were not entitled to the homestead exemption, which is available when a creditor forecloses on a judgment lien but not on a consensual lien. See Conn. Gen. Stat. 52-352(b).Plaintiff, Rockstone Capital, LLC held judgment liens against Defendants. The parties agreed to a consensual lien in the form of a mortgage to secure the debt. Defendants defaulted on the mortgage payments, and Plaintiff sought to foreclose on the mortgage. Defendants invoked the homestead exemption. The trial court decided that the exemption should apply and rendered judgment for Plaintiff on the judgment liens, subject to the homestead exemption. The Appellate Court reversed, holding that the homestead exemption did not apply to a consensual lien such as a mortgage. The Supreme Court affirmed, holding that the Appellate Court properly found that the appeal was taken from a final judgment and the mortgage was a consensual lien. View "Rockstone Capital, LLC v. Sanzo" on Justia Law

The Supreme Court reversed Defendant's murder conviction and remanded the case for a new trial, holding that the trial court erred in denying Defendant's motion to suppress.Defendant was arrested for drug offenses and the murder of the victim. Five days after Defendant's rent was due for a second month the police searched his apartment without a warrant. The police discovered the victim's cell phone hidden in a bathroom wall. Defendant moved to suppress the evidence. The trial court denied the motion, concluding that Defendant did not have a subjective expectation of privacy in the apartment at the time of the search because the lease had expired and Defendant had failed to make rent payments and to secure his belongings in the apartment. The Supreme Court reversed, holding (1) under the facts of this case, Defendant established that the apartment was his home and neither his incarceration or his failure to pay rent five days after it was due divested him of his subjective expectation of privacy in his apartment; and (2) because the State did not argue that any error was harmless, the case is remanded for a new trial. View "State v. Jacques" on Justia Law

The Supreme Court reversed the judgment of the trial court granting summary judgment in favor of Defendant on the grounds that the Federal Railroad Safety Act of 1970, 49 U.S.C. 20101 et seq., preempted Plaintiff's negligence claims, holding that Defendant failed to meet its burden of demonstrating that Plaintiff's claim was preempted under the railroad act.Plaintiff, individually and as executrix of the estate of her late husband (decedent), filed this action against Defendant, Metro-North Commuter Railroad Company, claiming that the decedent's injuries and death were proximately caused by the negligence of Defendant when it violated practices and customs with respect to track selection. Defendant filed a motion for summary judgment, arguing that the subject matter of Plaintiff's claim was covered by federal regulations addressing speed and track classification. The trial court granted summary judgment for Defendant, concluding that, to the extent that Plaintiff's claim was viewed as relating to rail safety, it was barred by the railroad act. The Supreme Court reversed after noting the narrow preemption provision in the railroad act, the acknowledgement that the federal regulations provide the minimum safety standards, and the lack of a regulatory provision expressly addressing track selection, Plaintiff's claim was not preempted under the railroad act. View "Murphy v. Darien" on Justia Law

The Supreme Court affirmed the judgment of the Appellate Court affirming the trial court's judgment convicting Defendant of one count of possession of narcotics with intent to sell by a person who is not drug-dependent, holding that the admission of certain hearsay evidence was erroneous, but the error was not of constitutional dimension and was not harmful.The hearsay statements at issue were used to establish that Defendant was the de facto owner of a vehicle registered to a third party. Defendant was a passenger in the vehicle when police officers discovered bricks of heroin and a large sum of cash. On appeal, Defendant argued that the admission of the hearsay statements, which were based on vehicle inspection records, violated his constitutional right to confront a witness against him. The Appellate Court affirmed the judgment of conviction. The Supreme Court affirmed, holding that the statements regarding the inspection were testimonial but that improper admission of the hearsay evidence was not harmful. View "State v. Sinclair" on Justia Law

In this negligence action, the Supreme Court affirmed the judgment of the Appellate Court affirming the trial court's grant of Defendants' motion for summary judgment, holding that Spitzer v. Waterbury, 154 A. 157 (Conn. 1931), must be overruled in light of modern case law governing the distinction between ministerial and discretionary duties.Plaintiffs brought this action against Defendants, the borough of Naugatuck (town) and several town officials, claiming that Defendants' negligence in maintaining and repairing the town's storm drains and drainage pipes caused the repeated flooding of Plaintiffs' residence. The trial court granted summary judgment for Defendants. The Appellate Court affirmed, concluding that the negligence claims was barred because, under recent cases clarifying Spitzer, Defendants were acting pursuant to a discretionary function subject to governmental immunity rather than a ministerial function. Plaintiffs appealed, asserting that the Appellate Court improperly failed to follow Spitzer. The Supreme Court affirmed, holding (1) Spitzer must be overruled in light of more modern case law and statutes governing the distinction between ministerial and discretionary duties; and (2) under more modern cases, the town's duty to maintain and repair its drainage system was discretionary and, therefore, subject to governmental immunity. View "Northrup v. Witkowski" on Justia Law

The Supreme Court affirmed the judgment of the trial court denying Father's postjudgment motion for a no contact order between his minor child and the child's maternal aunt, holding that Father failed to meet his burden of demonstrating a violation of his fundamental parental right to make decisions regarding his child's associations.Father was granted custody of the child after Mother's death. Plaintiffs, the maternal grandparents, were involved in the child's life until Father terminated their contact. The trial court granted Plaintiffs' petition for visitation. Father filed a postjudgment motion for order asking the trial court to enter an order requiring Plaintiffs to allow no contact between the child and the child's maternal aunt. The trial court denied the motion on the grounds that Father failed to produce evidence to show the child's contact with the aunt was inappropriate or put the child in danger. Father appealed, arguing that the trial court's failure to direct Plaintiffs to abide by his parental decisions regarding the child's care violated Conn. Gen. Stat. 46b-59 and the Due Process Clause. The Supreme Court affirmed, holding that Father was not entitled to relief because he failed, as a threshold matter, to articulate a reason in support of the requested condition. View "Boisvert v. Gavis" on Justia Law

The Supreme Court affirmed the decision of the Appellate Court upholding the trial court's grant of summary judgment to the municipal defendants in this personal injury action, holding that there was no genuine issue of material fact that an agency relationship did not exist between the municipal defendants and the tortfeasor at the time of the motor vehicle accident with Plaintiff.The vehicle being driven by James Smith, a volunteer firefighter with the Old Saybrook Fire Company No. 1, Inc., collided with a motorcycle being driven by Plaintiff. In this action, Plaintiff alleged that the fire company and the town were vicariously liable for Smith's negligence. The municipal defendants moved for summary judgment claiming that Smith was not acting within the scope of his employment with the fire company at the time of the accident because he had left the firehouse and was on his way home. The trial court granted the motion. The Appellate Court affirmed. The Supreme Court affirmed, holding that there was no genuine issue of material fact that Smith was not acting within the scope of his employment at the time of the accident, and therefore, the municipal defendants could not be held vicariously liable for Smith's negligence as a matter of law. View "Fiano v. Old Saybrook Fire Co. No. 1, Inc." on Justia Law

In this construction dispute between a property owner and a general contractor the Supreme Court affirmed the judgment of the appellate court that, in the absence of clear evidence of contrary intent by the parties, subcontractors are presumptively in privity with the general contractor for purposes of res judicata as to the subcontractors' claims that did not participate in arbitration.These appeals arose from disputes regarding the construction of a store expansion. Plaintiffs, the store owners, and the general contractor, pursuant to a contract between them, entered arbitration to resolve various disputes regarding the project. None of the five subcontractors (Defendants) were formally a party to the arbitration. The arbitrator issued an award ordering Plaintiffs to pay the general contractor $508,597 for sums due. Plaintiffs subsequently filed suit seeking to recover from Defendants. Defendants moved for summary judgment based on res judicata. The trial court denied the motions on the grounds that Defendants were not parties to the arbitration and were not in privity with the general contractor. The appellate court reversed. The Supreme Court affirmed, holding that Defendants were in privity with the general contractor for purposes of res judicata and that Plaintiffs' claims were barred because they could have been raising during the arbitration. View "Girolametti v. Michael Horton Associates, Inc." on Justia Law

The Supreme Court reversed the judgment of the Appellate Court reversing the judgment of the trial court dismissing the summary process action initiated by Landlord, holding that the the trial court properly concluded that the inclusion of undesignated charges for obligations other than rent rendered the pretermination notice jurisdictionally defective.In this summary process action, Landlord provided a pretermination notice to Tenant, Tenant, who resided in federally subsidized housing, asserting nonpayment of rent as the ground for proposed termination. The notice also alleged violations of leases that were no longer in effect. The trial court granted Tenant's motion to dismiss, determining that the notice was defective because it contained legally impermissible and factually inaccurate grounds for termination. The Appellate Court reversed. The Supreme Court reversed, holding that the the notice was not effective because it was inaccurate to the point that Tenant's ability to prepare a defense against the alleged reason for termination was impaired. View "Presidential Village, LLC v. Perkins" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the trial court insofar as it rendered judgment in Defendant's favor on counts alleging fraudulent transfer under the Connecticut Uniform Fraudulent Transfer Act (CUFTA), Conn. Gen. Stat. 52-552a through 52-552l, and unjust enrichment, holding that the trial court erred in rejecting Plaintiff's CUFTA claim but did not err in rejecting Plaintiff's unjust enrichment claim.Defendant Stephen McGee used a power of attorney granted to him by his elderly mother, Helen McGee, to transfer to himself funds from Helen's checking account. As a consequence of the transfers, Helen had insufficient assets to pay her debt to Plaintiff Geriatrics, Inc. Plaintiff brought this action, and the trial court rendered judgment in Defendant's favor on Plaintiff's CUFTA and unjust enrichment claims. The Supreme Court reversed in part, holding (1) in rejecting the CUFTA claim the trial court improperly failed to consider and apply agency principles; and (2) in light of the unrequited evidence, the trial court did not abuse its discretion in rejecting Plaintiff's unjust enrichment claim. View "Geriatrics, Inc. v. McGee" on Justia Law