Week of November 14, 2016
Welcome to our Supreme and Appellate Court summaries webpage. On this page, I provide abbreviated summaries of decisions from the Connecticut Appellate Courts which highlight important issues and developments in Connecticut law, and provide practical practice pointers to litigants. I have been summarizing these court decisions internally for our firm for more than 10 years, and providing relevant highlights to my municipal and insurance practice clients for almost as long. It was suggested that a wider audience might appreciate brief summaries of recent rulings that condense often long and confusing decisions down to their basic elements. These summaries are limited to the civil litigation decisions. I may from time to time add commentary, and may even criticize a decision’s reasoning. Such commentary is solely my own personal opinion. Pullman & Comley’s Appellate Practice Group of which I am a member includes experienced appellate advocates in almost every area of the law. Should you have a need to consult about a potential appeal, please email me at emccreery@pullcom.com. I hope the reader finds these summaries helpful. – Edward P. McCreery
Posted November 15, 2016
Supreme Court Advance Release Opinions:
- SC19631 - Holston v. New Haven Police Dept.
- SC19631 Concurrence - Holston v. New Haven Police Dept.
The heart “or” hypertension award of a police officer under CGS 7-433c(a) was held to be partially timely because each disease is a separate claim with its own 1-year statute of limitation. Here the worker was diagnosed with hypertension several years before his heart attack, which in turn was partially attributable to the hypertension, but also to other factors like gender and high cholesterol. Thus it was proper to allow the heart disease (attack) claim to proceed, but not allow the hypertension claim as it was untimely. The statute used the word “or” so the claims are not tied together. The medical evidence also suggested they were not one in the same thing. The City argues they were tied together and both should be disallowed as untimely.
Appellate Court Advance Release Opinions:
- AC35731 - State v. Yates
- AC37685 - Jones v. Commissioner of Correction
- AC37685 Appendix - Jones v. Commissioner of Correction
- AC37796 - Parker v. Commissioner of Correction
- AC37796 Appendix - Parker v. Commissioner of Correction
The facts and holdings of any case may be redacted, paraphrased or condensed for ease of reading. No summary can be an exact rendering of any decision, however, so interested readers are referred to the full decisions. The docket number of each case is a hyperlink to the Connecticut Judicial Department online slip opinion. © 2016 Pullman & Comley, LLC. All Rights Reserved.