AC41185 - Flagstar Bank, FSB v. Kepple ("The defendants, Christine Kepple and Mark Kepple, appeal from the judgment of foreclosure by sale rendered in favor of the plaintiff, Flagstar Bank, FSB. On appeal, the defendants claim that the trial court lacked subject matter jurisdiction over this action as a result of the plaintiff's alleged lack of standing. We disagree and, accordingly, affirm the judgment of the trial court.")

• Posted in:
• Foreclosure Law,
• Recent Opinions

AC40399 - Vitti v. Milford (“The principal issue in this appeal is whether the plaintiff’s claim for heart and hypertension benefits under General Statutes § 7-433c is governed by the version of the statute in effect on the date of the plaintiff’s hire or the date of his injury… On appeal, the defendant claims that the board erred, as a matter of law, by (1) applying to the plaintiff’s claim the version of § 7-433c that was in effect on the date of the plaintiff’s injury in 2010 (2010 version), rather than the version of § 7-433c that was in effect on the date of the plaintiff’s hire in 1993 (1993 version), and (2) affirming the commissioner’s finding that the plaintiff’s giant cell myocarditis qualifies as heart disease under § 7-433c. We disagree and, accordingly, affirm the decision of the board.”)

• Posted in:
• Recent Opinions,
• Workers' Compensation Law

SC20052 - Ashmore v. Hartford Hospital ("In this wrongful death action alleging medical malpractice, the named defendant, Hartford Hospital, appeals from the judgment of the trial court, which denied a motion for remittitur after a jury awarded $1.2 million in noneconomic damages to the named plaintiff, Marjorie Ashmore, as the administratrix of the estate of the decedent, her late husband William Ashmore, and $4.5 million to the plaintiff for her own loss of spousal consortium. The defendant contends that, in the absence of exceptional or unusual circumstances that are not applicable in this case, a loss of consortium award ordinarily should not substantially exceed the corresponding wrongful death award to the directly injured spouse. We agree and, accordingly, reverse the judgment of the trial court.")

• SC20052 Concurrence - Ashmore v. Hartford Hospital

• Posted in:
• Medical Malpractice Law,
• Recent Opinions

AC40675 - St. Denis-Lima v. St. Denis ("The plaintiff, Daelte St. Denis-Lima, appeals from the judgment of the trial court, rendered following the court's granting of the motion to dismiss that had been filed by the defendant, Thomas J. St. Denis. The plaintiff claims that (1) the court improperly denied her request for an evidentiary hearing on the issue of subject matter jurisdiction, (2) the court's finding of a final judgment of dissolution in the country of Brazil was clearly erroneous, and, alternatively (3) even if Brazil issued a final judgment of dissolution, that judgment should not be recognized under the principle of comity. We disagree with the plaintiff's claims and affirm the judgment of the court.")

AC39903 - Zaniewski v. Zaniewski ("The defendant, Cezary Zaniewski, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Malgorzata Zaniewski. The defendant claims on appeal that the court improperly (1) failed to use the parties' net incomes in calculating its orders of child support and alimony, (2) ordered the defendant to pay alimony in an amount that exceeds his ability to pay, and (3) abused its discretion by crafting inequitable property distribution and alimony orders that 'excessively and unjustifiably favored the plaintiff.'

The trial court's memorandum of decision fails to set forth the factual basis for its financial orders. The trial judge who authored the decision retired shortly after issuing its decision, rendering fruitless the defendant's proper and timely efforts to remedy the decision's lack of findings in order to secure appellate review of his claims. In many cases, an inadequate record would foreclose appellate review of an appellant's claim. Nevertheless, the inadequacy of the record in the present case arises not from any fault attributable to the defendant, but from the trial court's issuance of a memorandum of decision that contained virtually no factual findings that would permit us to review appropriately the defendant's appellate claims. Although we are cognizant that the trial court is entitled to great deference in crafting financial orders in marital dissolution actions, we nevertheless conclude under the unique circumstances presented here that equity requires a new trial. Accordingly, we reverse the judgment of the trial court with respect to the financial orders and order a new trial.")

• Posted in:
• Family Law,
• Recent Opinions

AC41429 - Hilario Truck Center, LLC v. Kohn ("The plaintiff, Hilario Truck Center, LLC, appeals from the judgment of dismissal of the third count of its operative complaint following the granting of the motion to dismiss filed by the defendant Allstate Insurance Company (Allstate). The plaintiff argues that the court erred when it concluded that the plaintiff lacked standing to bring a claim as a third-party beneficiary against Allstate pursuant to an automobile insurance policy issued to the defendant Kevin E. Kohn. We affirm the judgment of the trial court.")

• Posted in:
• Contract Law,
• Insurance Law,
• Recent Opinions