A 16 year old female New Canaan driver was placed under arrest, last week, after police said that she was distracted by the use of a handheld cell phone which resulted in her hitting and fatally injuring a 44-year-old jogger. The death of Kenneth Dorsey of Norwalk and the subsequent criminal charges against the 16-year-old driver come as other states are considering measures to force both teenagers and adults to discontinue using cell phones and other electronic devices when operating a motor vehicle. Mr. Dorsey, an experienced runner, was training for a marathon and out on a morning jog …

On Monday, the U.S. Supreme Court will hear arguments in what some legal pundits are calling the case of the century when the Justices are asked to determine the constitutionality of The Patient Protection and Affordable Health Care Act. The primary issue in this case is the determination of how federalism should work. The decision in this case might very well be the most controversial since Brown v. Board of Education was decided in 1954 which held that separate educational facilities were inherently unequal, which paved the way for integration and the civil rights movement. The main issue …

Fraud against the government is rampant. In fact, some estimates have suggested that approximately 10% of the entire annual United States budget is lost to companies or individuals who are defrauding the government. The United States Federal budget for 2010 was $3.456 billion, meaning around $345.6 million was wrongfully wasted on fraud. The entities defrauding the government do so in a variety of ways: Medicare or Medicaid fraud whereby they bill the government for services which they never provided or overbill for services that were provided; SEC Trading; Tax Fraud; TARP Fraud; Military/…

An injured party who obtains an award of compensatory damages may, under certain circumstances, be entitled to a further award of punitive damages. In Connecticut, in order to obtain an award of punitive, or exemplary, damages the evidence must reveal a reckless indifference to the rights of others or an intentional and wanton violation of those rights. Our state statutes provide for a number of circumstances where punitive damages can be awarded. As is set forth in the Connecticut Civil Jury Instructions, punitive damages are damages awarded not to compensate the plaintiff for any injuries …

            Unfortunately, every Fourth-of-July we hear about accidents involving fireworks, and this year was no different. In Guilford, CT a man lost two fingers and a thumb as a result of illegal fireworks, according to police. A question was posed to me this week about liability involving fireworks in Connecticut. I was asked: "who would be responsible for injuries resulting from the illegal discharge of fireworks?" The Courts in Connecticut recognize the doctrine of strict liability for dangerous activities and imposes it in limited circumstances. In strict liability cases, just as in …

The Connecticut Appellate Court will officially release the case of Dolly Romprey v. Safeco Insurance Company of America next week. This case highlights the pitfalls of the complexity of the law of underinsured motorist cases in Connecticut. In the case, the plaintiff was involved in an accident on November 16, 2004, which was caused by the fault of a third party. The Plaintiff settled with the third party’s insurance company for, ostensibly, the policy limit of $25,000. Ms. Romprey was insured at the time of the accident by the Defendant, Safeco Insurance, for uninsured/underinsured motorist…

Social Media is continuing to explode in usage and is a huge part of our collective hyper-connected daily lives. Facebook, Twitter, YouTube, MySpace and other forms of social media can, however, seriously harm your personal injury or medical malpractice case. Insurance companies, adjusters, investigators, and defense attorneys will want to uncover as much information as they can about you to help undermine your case in an effort to pay you the least amount of money possible. You have the opportunity to afford them that chance by utilizing social media. In a case where a person has suffered …

Our office was contacted by a client who had a neighbor erect a fence on the neighbor’s property which the client felt was built solely for the purpose of harassing him. It was unsightly, served no useful purpose and detracted from the value of his property. The question was asked: What was the law in the State of Connecticut as it related to “spite fences”? Two statutes apply to the erection of “spite fences”: Sec. 52-480. Injunction against malicious erection of structure provides that an injunction may be granted against the malicious erection, by or with the consent of an owner, lessee or…

This week, the Connecticut Appellate Court decided the case of O'Dell v. Kozee, which involved a wrongful death claim commenced under Connecticut's Dram Shop Act. In this case, the defendant was at  a restaurant where he was drinking while playing in a billiards league.  He left the restaurant, while he was admittedly drunk, and got into an accident resulting in the death of the Plaintiff's decedent. Under Connecticut General Statute § 30-102, to be successful in an action pursuant to The Dram Shop Statute a plaintiff must prove that there was: a sale of intoxicating liquor ; to an …

As it begins to get warmer and the rain subsides, many people will start various outdoor projects. Often, not much thought is given by homeowners to projects that involve digging on their property. Across the country, more than two hundred thousand underground utility lines are accidentally hit during excavation projects. Unfortunately, injuries are common, sadly sometimes resulting in death. Even if you are only planting trees and bushes, you should contact Call Before You Dig at 8-1-1. Call Before You Dig, or CBYD, is a free service that allows Connecticut residents, landscapers …

You or a loved one is injured in an accident as a result of the negligence of the town. After the accident, you trusted your friend’s advice and felt comfortable waiting six months before you contacted a lawyer since you were told you had two years in which to file a lawsuit. However, during your consultation the attorney sympathetically informed you that you have lost your right to take legal action because you waited too long. How could this happen? While a two-year statute of limitations may coincidentally be accurate in some cases, that does not include possible notice to file …

I received a distressing call earlier this week. The caller had been injured and was attempting to resolve his claim on his own. The insurance company sent him a letter stating that his claim was being denied because Connecticut, he was advised in writing, follows the law of contributory negligence which holds that if you are even one percent liable for your injury then, the insurance company claimed, you could not recover anything. The caller asked me if I could help by representing him. At first I was astonished; a large respectable national insurance company sent this unrepresented injured…

As the weather gets warmer, many of us who own motorcycles are starting to ride once again after a long and brutal winter. It is therefore timely to discuss the dangers and cautionary tips for both motorcycle riders and other motor vehicle operators. Tragically, this point has been highlighted by this past weekend’s death of two motorcycle riders and the injury of two others in Stratford. The following statistic underscores the dangers of motorcycle operation.  According to the National Highway Traffic Safety Administration (NHTSA), in 2007 motorcycles comprised approximately 3 percent of all…

Pirates in the 18th century looking to protect their employees (scurvy mates) from a loss of income (booty) as a result of job-related injuries (there were many) instituted the precursor to modern day workers’ compensation laws. Bear with us, here. For example, a pirate injured on the job would be compensated well. The loss of a limb paid 500 pieces of eight. The loss of an eye paid the victim 100 pieces of eight per eye. There were no death benefits paid, unfortunately. Modern day workers’ compensation lawyers look to protect employees injured on their job from a loss of income, as well. In …

The film "The Social Network" told the story of the start of Facebook and the lawsuit brought by Darien, Conn., residents Cameron and Tyler Winklevoss against Mark Zuckerberg. In 2008, Facebook reached a settlement with three parties, two of which were the Winklevoss brothers, for $65 million. However, the twins wanted the court to set aside their settlement and subsequent release, requesting more money due to the increased value of the company.             This week, The Circuit Court of Appeals stated that the twins could not undo the settlement and release they had signed in 2008. Judge …

As spring progresses, with winter potholes needing repair and the warmer weather bringing improved working conditions, road work will intensify on our highways, roads and bridges. And this week has been designated as National Work Zone Awareness Week which is meant to call to our attention the need to be especially vigilant and careful when driving in work zones. In 2009, there were 667 fatalities resulting from crashes in work zones. Although the number of work zone fatalities has been falling in recent years, that number is still far too high. Sadly, six of these work zone fatalities …

Due to the recent melting of snow and with the inevitable April showers bringing May flowers, there's been a lot of water on the roads, and that's not likely to change. Given the imminent hazard this situation creates, it is a good idea for all drivers, especially teenage or inexperienced ones, to review the causes and solutions to hydroplaning as it may save you or a loved one from getting into an accident.           Hydroplaning occurs when the tires of your vehicle cannot displace water fast enough to make proper contact with road surface. The result of this condition is a loss of steering…

As the parent of a teenage boy who is about to get his driver’s license, I began to think about the fact that I have not been specific enough about my expectations and the unyielding rules that will apply to his operation of a motor vehicle. We have discussed the fact that this is a privilege and not a right and that he will soon be in a position where, if he is not careful, he could run the risk of seriously injuring himself, someone else or even worse. We have also discussed the risks that cause most teen driving accidents: inexperience; immaturity; speeding; having other passengers in the …

The National Highway Traffic Safety Administration estimates that there are over 50,000 sleep-related crashes annually resulting in 40,000 injuries in over 1,500 fatalities. Driver fatigue affects a large number of people, but many of us do not think of the dangerous consequences that can result from these situations. Drowsy driving can result from a hypnotic effect brought on by driving on an open road. This effect can be greatly magnified when driving at night. The results of drowsy driving can be that you fall asleep and crash your vehicle because you are tired and/or exhausted; or …

Maewyn Suucat, also known as Patricius the Cleric or St. Patrick, the Patron Saint of Ireland, was reported to have died on March 17, 493. Thereafter, March 17 has evolved to be, both inside and outside of Ireland, the day we celebrate St. Patrick’s life which consists of the wearing of green, parades and, in many cases, excessive drinking. On Patrick’s Day in 2005, almost 60 percent of all motor vehicle fatalities, which occurred that evening and the early morning hours of the next day, involved drivers with a blood alcohol contact (BAC) of .01 or higher and of those almost 90 percent had a …