Kenny, Brimmer & Mahoney, LLC

Premises Liability

Doe v. Manheimer, 212 Conn. 748 (1989) is a premises rape case in which the actual rapist was never apprehended and the property owner was absolved of civil responsibility on the basis of the lack of foreseeability and lack of proximate cause. Further, any violation of the health code ordinance concerning natural growth was deemed not negligence per se since the hazard subject to this statute was only a condition, and not a cause, of the Plaintiff’s injuries.

Premises Liability

Cora Sokolowski v. Medi Mart, Inc., 24 Conn.App. 276 (1990) is a plaintiff’s premises liability case. The plaintiff, Cora Sokolowski, sustained a fall in the defendant’s store when she slipped on spilled aftershave. The defendant denied liability, claiming it had no notice of the spill. After trial, the jury returned a verdict in favor of the plaintiff. The Appellate Court confirmed the verdict in favor of the plaintiff.

Sports Law / Eligibility Rules

Andrew Dawson, et al. v. David Farr, et al., 227 Conn. 780, 632 A.2d 41 (1993) is a case wherein a baseball player and local team sought a temporary junction against The American Legion to prevent The American Legion from enforcing its eligibility rules and authority to declare of forfeiture of the team’s games. After trial, plaintiffs’ request for a temporary injunction was granted. The Supreme Court of the State of Connecticut overruled the lower Court’s denial of the defendants’ Counterclaim and ordered the matter reversed and remanded. Ultimately, the ability of The American Legion to enforce its player eligibility rules was sustained.

Personal Injury / Labor Dispute

Lawrence Puchalsky v. Theodore Rappahahn et al., 63 Conn.App. 72, 774 A.2d 1029 (2001) was a case where the defendant, while on his way to enter the company premises, was driving through the picket line at the entrance when he was alleged to have struck the assistant steward of the Union with his automobile. The case was tried to a jury and a defendant’s verdict was returned. The verdict for the defendant was sustained by the Appellate Court.

Property Damage / Trespass

Stanley v. Lincoln, 75 Conn.App. 781 (2003) is a tree cutting case. Plaintiff claimed the neighbors intentionally cut down trees on her property without permission. The jury found for the Plaintiff and awarded the cord wood value of the cut trees. The court thereafter awarded Plaintiff treble damages. The plaintiff appealed claiming error regarding preclusion of evidence of replacement value. The Connecticut Appellate Court held that the proper measure of damages was either diminution of value of the property after the alleged cutting or the value of the cut trees as timber or lumber. Replacement value was not the proper measure of damages.

Insurance Coverage / Sovereign Immunity

Constance Gordon v. H.N.S. Management Company, Inc. and Granville Downs et al. v. H.N.S. Management Company Inc., 272 Conn. 81, 861 A.2d 1160 (2004) are consolidated cases wherein a bus driver and a passenger claimed injuries as a result of bus accidents and who sought uninsured/underinsured motorist coverage from H.N.S. Management Company. After trial to the court, the trial judge rejected the company’s claims that the actions against it were bared by the doctrine of sovereign immunity. The Supreme Court concluded that H.N.S. Management Company was an arm of the State for the purpose of exclusion from the requirements that it provide uninsured/underinsured motorist benefits. The Trial Court findings were overruled, and the defendant prevailed.