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Appellate Court Notes: Week of November 24

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 based on my own particular field of practice, so you will not find distillations of the many criminal and matrimonial law decisions on this page.  I may from time to time add commentary, and may even criticize a decision’s reasoning. Such commentary is solely my opinion . . . and when mistakes of trial counsel are highlighted because they triggered a particular outcome, I will try to be mindful of the adage . . . “There but for the grace of God . . ..”  I hope the reader finds these summaries helpful. – Edward P. McCreery

Posted November 24, 2014

Trial court was held not to have abused its discretion when it admitted the expert testimony from the plaintiff’s treating neurologist that she suffered a 5% disability of the brain due to constant headaches originating from the neck & spine when the AMA guidelines would suggest it was the neck & spine that should be rated.  The trial court also did not abuse its discretion when it decided to hold only a truncated “Porter” hearing when the qualifications and methodology of the treating physician had already been clearly elicited by way of a pre-trial deposition.  

  • AC35661 - Eric M. v. Commissioner of Correction
  • AC35368 - Johnson v. Commissioner of Correction
  • AC36788 - State v. Lopez
  • AC36596 - In re Navaeh W.

 

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.  Copyright 2014 Pullman & Comley, LLC. All Rights Reserved.

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