Page 37 - CLT060721

CONNECTICUT OPINIONS JUNE 7, 2021 ■ 37
numerous strategies to hide and mischaracter- federal court declined to grant the requested
ize his income in an attempt to affect the out- relief, plaintiff waited another year, then filed
come of both the bankruptcy and the foreclo- the present action sounding in both conversion
sure. Plaintiff’s bankruptcy action ultimately and negligence to satisfy the judgment. Faraldi
failed, as title had already vested via strict moved for summary judgment, citing statute of
foreclosure, and plaintiff filed a legal mal- limitations on all claims, and the court agreed.
practice claim against defendant. Third party The court found there was no continuing duty
Coto was characterized by the court as a con which could have tolled the statute of limita-
man, whose advice was taken at the detriment tions because, as the federal court found, there
of plaintiff, however the court also noted the was no duty on the part of the defendants to
defendant’s loose manner of operating his act. The court granted summary judgment in
law office and record keeping, and there was favor of the defendants.
never a formal agreement between plaintiff
and defendant. The court was sympathetic to MEDICAL MALPRACTICE •
some of the defendant’s otherwise question- CIVIL PROCEDURE
able legal strategies, including deliberate non-
filing and avoiding some written exchanges,
however the court credited the testimony of Plaintiff May Unilaterally Withdraw an
one expert who opined that the failure of the Offer to Compromise
defendant to file some motions might have de- CASE: Debarbieri v. Connecticut Orthopedic Specialists P.C.
layed (but not completely prevented) the fore- COURT: New Haven J.D. at New Haven
closure. The court found defendant failed to DOC. NO.: CV-19-6093220
meet a standard of care or performance that COURT OPINION BY: Wahla
a reasonable attorney would have undertaken, DATE: April 19, 2021 • PAGES: 8
however the court found the plaintiff suffered Plaintiff alleged that defendant, an orthope-
no damages proximately caused by defendant, dic surgeon, failed to properly identify and
since the bankruptcy and foreclosure ac- treat his broken hip. Plaintiff filed an offer of
tions were known to be unfounded. The court compromise to settle his claim in the amount
awarded damages for emotional distress and of $375,000, but plaintiff subsequently with-
compensation for the measured filing fee of drew his offer. Defendant objected to the with-
the bankruptcy claim to the plaintiff. drawal, arguing plaintiff could not unilater-
ally withdraw his offer of compromise before
LITIGATION it was accepted. The court disagreed, finding
there was nothing in the General Statute that
Conversion Claims not Tolled Where No prescribed a period of time in which plaintiff

Duty to Act could not unilaterally withdraw an offer of
compromise. The court overruled defendant’s
CASE: Pototschnig v. Faraldi objection to plaintiff’s withdrawal of his offer
COURT: Waterbury J.D. at Waterbury to compromise.
DOC. NO.: CV-15-5017149
COURT OPINION BY: Gordon MOTOR VEHICLE TORTS • CIVIL PROCEDURE
DATE: May 10, 2021 • PAGES: 16
In 2010, defendant Faraldi had previously ob- Court Grants Summary Judgment
tained two civil judgments in New Jersey against
plaintiff and codefendant Care Products Inc., Motion on Recklessness Claim
wherein the court directed plaintiff to transfer CASE: Lanuto v. Davis
480,000 shares of Care Products stock to defen- COURT: Danbury J.D. at Danbury
dant Faraldi. Defendant Faraldi filed the judg- DOC. NO.: CV-19-6032110
ments as foreign judgments in Connecticut, and COURT OPINION BY: Brazzel-Massaro
filed an application ordering plaintiff to transfer DATE: May 12, 2021 • PAGES: 5
the shares directly to Faraldi, rather than to a A motorist, who was sued for recklessness for
levying officer. Plaintiff never sought to modify allegedly driving through a stop sign and hit-
the turnover order, and instead filed a suit two ting another motorist, was able to prove that
years later in federal court alleging conversion, there was no evidence of recklessness. In
statutory theft, and unjust enrichment. The 2017, the defendant, Nichole Davis, allegedly
CONNECTICUT
Law Tribune