Page 29 - CLT062121
P. 29

CONNECTICUT OPINIONS                              JUNE 21, 2021  ■  29
        stay, which the court denied because it would ask  rendered the oral agreement unenforceable, and
        the court to take action on similar arguments  the court agreed. The court noted that nothing
        that were the subject of the appeal.               in the Charter of the City of Hartford granted
                                                           the mayor the unilateral authority to make con-
        CONTRACTS • DISPUTE RESOLUTION                     tracts binding the city. Plaintiff argued they were
                                                           entitled to payment by the City under General
        Arbitration Award not Acquired by                  Statutes  §7-101a.  However  the  court  found  the
                                                           statutes do not apply where the underlying ac-
        Undue Means                                        tions against the former mayor involved criminal

        CASE: Johnson v. Ashley Constr. Group LLC          proceedings rather than civil claims regarding the
        COURT: Fairfield J.D. at Bridgeport                mayor’s duties as a city official. The court grant-
        DOC. NO.: CV-20-6100074                            ed summary judgment in favor of the defendant.
        COURT OPINION BY: Welch
        DATE: May 28, 2021 • PAGES: 9                      DAMAGES
        Plaintiff contracted with defendant for a home
        improvement project. A dispute arose, and in ac-   Court Awards Economic and
        cordance with the agreement, the plaintiff sought
        arbitration before the American Arbitration As- Noneconomic Damages for Assault and
        sociation. The arbitrator awarded the plaintiff    Injuries
        $27,250 after defendant failed to submit a re-
        sponse. Defendant then filed an objection to the   CASE: Samghabadi v. Rivas
        application to confirm the award, arguing that     COURT: New Haven J.D. at New Haven
        it was awarded on default during the pandemic      DOC. NO.: CV-196097208
        without actual notice to defendant. The defen-     COURT OPINION BY: Wilson
                                                           DATE: June 01, 2021 • PAGES: 12
        dant argued that he was served at an address that
        was incorrect and not the one listed on the da-    Plaintiffs, husband and wife, were assaulted by
        tabase with the Connecticut Secretary of State.    defendants during a New Year’s party at a ca-
        Plaintiff claimed that the defendant did not meet   sino. Plaintiffs suffered injuries resulting in hos-
        the burden with alleged lack of notice. The court   pitalization, including a broken nose, back pain
        disagreed with defendant that the award was        and neurological issues. Plaintiffs successfully
        procured by undue means because the plaintiff      obtained a default judgment against defendants
        followed the procedure outlined in the contract    when defendants failed to appear for a trial man-
        they both signed, and held that every reasonable   agement conference, however defendants dis-
        inference should be made in favor of arbitrator’s   puted damages. The court detailed the extent of
        decisions.                                         the plaintiffs’ injuries and medical bills, including
                                                           emergency room costs and ongoing nasal recon-
                                                           struction efforts, and granted economic and non-
        CONTRACTUAL DISPUTES                               economic damages of $60,000 for both plaintiffs.

                                                           The court also ordered scheduled payments on
        Statute of Frauds Invalidates Oral                 an ongoing weekly basis as to the defendants.
        Contract
        CASE: Santos & Lalima, PC v. City of Hartford      DAMAGES • CONTRACTUAL DISPUTES •
        COURT: Hartford J.D. at Hartford                   REAL ESTATE
        DOC. NO.: CV 19-6117346
        COURT OPINION BY: Taylor                           Plaintiff Awarded Damages in Water
        DATE: May 27, 2021 • PAGES: 22
        Third party Perez, as mayor of the City of Hart-   Damage Case
        ford, retained plaintiff to represent him against  CASE: Burt v. Snowberry Cobble Vill. Ass’n
        felony charges. Perez eventually agreed to guilty  COURT: Hartford J.D.
        pleas, however only made oral promises to com- DOC. NO.: CV-18-6090973
        pensate plaintiff for their legal work. Defendant  COURT OPINION BY: Cobb
        City declined to compensate plaintiff, and plain- DATE: May 25, 2021 • PAGES: 12
        tiff brought a claim for breach of contract and  A tenant, who brought suit against her con-
        promissory estoppel. Defendant moved for sum- dominium association for water damage, was
        mary judgment, arguing the statute of frauds  awarded $12,587.62 in actual damages. In 2014,
                                                                                                  CONNECTICUT
                                                                                                  Law Tribune
   24   25   26   27   28   29   30   31   32   33   34