The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Tort Law Supreme and Appellate Opinions

by Mazur, Catherine

 

SC19873 - Byrne v. Avery Center for Obstetrics & Gynecology, P.C. (Negligence; "The plaintiff, Emily Byrne, appeals from the judgment of the trial court rendered in favor of the defendant, Avery Center for Obstetrics and Gynecology, P.C., on two counts of the operative complaint alleging, respectively, negligence and negligent infliction of emotional distress. On appeal, the plaintiff asserts that the trial court incorrectly granted summary judgment in favor of the defendant on these counts because it incorrectly concluded that the defendant, as a health care provider, owed the plaintiff no common-law duty of confidentiality. We agree with the plaintiff and, accordingly, reverse the judgment of the trial court.")

AC39296 - Pettiford v. State (Negligence; "In this action arising out of a motor vehicle collision with a pedestrian, the plaintiff Michael Pettiford appeals, following a trial to the court, from the judgment rendered in favor of the defendant, the state of Connecticut. The court concluded that the plaintiff was 'at least' 60 percent contributorily negligent for his injuries and, thus, was barred from recovering damages on the basis of the defendant's negligence in accordance with General Statutes ยง 52-572h (b). The plaintiff claims on appeal that he is entitled to a new trial because the court's comparative negligence calculus rested on the court's erroneous determination that there was not an unmarked crosswalk at the location where the plaintiff was struck by the defendant's vehicle. The defendant disputes the existence of an unmarked crosswalk and also argues in the alternative that the existence of an unmarked crosswalk, or lack thereof, is legally insignificant because the trial court found that the plaintiff had failed to prove how and where along the roadway he crossed at the time of the accident. We agree with the defendant that the court properly determined that no unmarked crosswalk existed but conclude in the alternative that, even if an unmarked crosswalk existed, the plaintiff failed to demonstrate that he was in or very near that crosswalk at the time he was hit by the defendant's vehicle, and, therefore, we lack any basis from which to determine whether the claimed error undermined the court's judgment. Because the form of the judgment was improper, however, we reverse the judgment of the trial court and remand the case with direction to render judgment in favor of the defendant.")