Page 35 - CLT032320

CONNECTICUT OPINIONS MARCH 23, 2020 ¦ 35

back to the filing of the original complaint. The court dismissed plaintiffs’ appeal from a
The court disagreed with plaintiff ’s claim probate court decision, finding they failed to
that the trial court’s ruling was erroneous. It establish that defendant exercised undue influ-
cited the trial court’s original ruling, where it ence over the decedent. Plaintiffs appealed the
stated that plaintiff ’s specific allegations were probate of the Will of Dorothy L. Waltz, alleg-
all related to defendant’s acts after the sur- ing that decedent lacked testamentary capacity
gery.Therefore, it denied plaintiff ’s motion to when she executed the will, and was subject to
amend his complaint. the undue influence of beneficiary Lee Bridge-
water, decedent’s niece. The court dismissed
the appeal, finding that the testimony of at-
PERSONAL INJURY torney Raymond Trebisacci, who drafted the

Court Awarded Plaintiff Economic and will, and others established that decedent, de-
Noneconomic Damages in Negligence spite her failing health, was cogent and clear
Lawsuit regarding the terms of her will, both in her ini-
tial meeting with Trebisacci and when she later
met with him to review and sign the will, and
CASE: Freeman v. Taylor was of sound mind and memory when she ex-
COURT: New London J.D. at New Londong ecuted the will. Further, although Bridgewater
DOC. NO.: CV 17-6031588 assisted decedent in the months preceding de-
COURT OPINION BY: Murphy cedent’s passing, and thus had the opportunity
DATE: March 02, 2020 • PAGES: 6 to exercise undue influence, there was no evi-
Plaintiff sued defendant for personal injuries dence that she did so. Bridgewater, who had a
he sustained as a result of a car accident in background in nursing, assisted decedent with
parking lot. Plaintiff alleged defendant was obtaining the Medicare coverage to which she
negligent and as a result, he sustained mul- was entitled, and also obtained for decedent
tiple injuries for which he incurred medical the support she needed to remain in her home
expenses. Defendant did not deny plaintiff despite her failing health. No evidence sup-
sustained injuries, but rather disputed the ported a finding of undue influence.
extent of the injuries, the effect the injuries
had on the plaintiff ’s ability to enjoy his usual
activities, and the treatment he received. At FREEDOM OF

trial, plaintiff testified and introduced medi- INFORMATION COMMISSION
cal bills, photos, and a copy of the police
report. Defendant did not present evidence.
The court found that as a proximate cause of
the defendant’s negligence, plaintiff suffered PUBLIC RECORDS

a rib contusion and an aggravation of a prior Removal of Caller’s Name From Record
condition of the cervical spine. He received
reasonable medical treatment and the court of 911 Call Violated FOI Act
found plaintiff ’s testimony about how his in-
juries disrupted his daily activities to be cred- CASE: Olson v. Dir. of 911 Commc’ns
ible. Therefore, the court awarded plaintiff COURT: Freedom of Information Commission
economic damages as well as noneconomic DOC. NO.: FIC 2019-0480
damages. COURT OPINION BY: Cannata
DATE: February 26, 2020 • PAGES: 6
The Freedom of Information Commission sus-
TRUSTS AND ESTATES tained a complaint, finding that respondents
improperly redacted the records requested by
No Evidence Supported Finding of complainant and failed to provide the docu-
Undue Influence Over Testator ments promptly. On July 24, 2019, a caller con-
tacted the City of Stamford’s 911 dispatcher to
report an “abandoned” car. Police officers re-
CASE: Greasheimer v. Bridgewater sponded and identified the car as belonging to
COURT: New London J.D. at New London
DOC. NO.: CV18-6036815 complainant, who explained that he had parked
COURT OPINION BY: Cosgrove the car in the street due to emergency septic
DATE: March 02, 2020 • PAGES: 20 repairs under his driveway. Complainant ex-

CONNECTICUT
Law Tribune