Page 31 - CLT062121

CONNECTICUT OPINIONS JUNE 21, 2021 ■ 31
floor. Plaintiff refused the reassignment, and An insurance company, that was sued for un-
the defendant facility allegedly engaged in derinsurance by a driver, was able to show
a series of retaliatory acts against plaintiff that the driver was not entitled to relief under
including termination. Plaintiff brought a its policy. In 2017, the defendant, Phoenix
claim for retaliation under General Statutes Insurance Company, issued a policy to the
§19a-532, and defendant moved to strike the plaintiff, Diana Curley, for insurance cover-
claim. Defendant argued that plaintiff failed ing the vehicle she was operating, and unin-
to report or institute proceedings with the sured and underinsured motorist benefits.
Department of Public Health. The court dis- On November 16, 2017, Curley was struck
agreed, finding plaintiff had exercised rights by a negligent driver and sustained injuries.
enumerated in the patient’s Bill of Rights on However, in 2020, it was discovered that the
behalf of the patients at the facility. The court insured was actually Curley’s employer, Cur-
also noted that, in light of the CDC guide- ley was operating a rental vehicle, one that
lines and the Governor’s executive orders, was not owned by her employer nor in lieu
plaintiff’s speech was of public concern and of one that was in breakdown, and the con-
involved threats to the health and safety of tract was ambiguous as to the terms of the
the residents of the facility. The court denied coverage. After Phoenix moved for summary
defendant’s motion to strike. judgment, the court granted it as the contract
was clear that if the vehicle was a rental, the
FAMILY LAW reason must be because the primary vehicle
was out of service.

Application for Civil Protective Order LANDLORD TENANT LAW • CIVIL RIGHTS
Denied

CASE: Haraj-Sai v. Brasky Discrimination Case Against Landlord
COURT: New Haven J.D. at New Haven Dismissed Because Landlord was Not
DOC. NO.: CV-21-5050222
COURT OPINION BY: Wilson State Actor
DATE: May 25, 2021 • PAGES: 15 CASE: Barristers Coffee Co., LLC v. DaSilva
Applicant submitted a request for a civil pro- COURT: Danbury J.D. at Danbury
tective order against respondent, claiming that DOC. NO.: CV-20-6037255
respondent stalked her through sending a series COURT OPINION BY: Kowalski
of threatening text messages. Applicant and re- DATE: May 27, 2021 • PAGES: 13
spondent were minors and friends, but there A landlord, who was sued for civil rights
was a falling out. Defendant did not want ap- and discrimination in relation to a breach of
plicant to attend a volleyball game because of contract, was able to get two counts strick-
a rift with a mutual friend, so he sent messages en from the complaint because he was not a
saying that he would shoot her. The court found state actor. In 2017, plaintiff, Barristers Cof-
that in context, the texts were meant as a joke, fee, entered into a lease with defendant, Jo-
and respondent had no intention of harming seph DaSilva, Jr., to lease a storefront on de-
applicant. It also came to this conclusion by fendant’s property. In 2020, Barristers Coffee
analyzing applicant’s texts in response, which sought to sublease to plaintiff International
did not lead the court to agree that applicant Bakery, and despite a meeting with defendant
felt in fear of her life. where he made disparaging remarks about
Brazilians, ultimately were allowed to sub-
INSURANCE LITIGATION let the property. In July, one week before the
opening, International Bakery put new signs
Insurance Company Wins Case Against up, which defendant did not approve of. Bar-
Driver Not Covered Under Its Policy. risters Coffee were told to remove the signage
and did so. Ultimately, defendant refused to
CASE: Curley v. The Phoenix Ins. Co. allow the sublease and refused to allow plain-
COURT: Fairfield J.D. at Bridgeport tiffs access to the property due to their na-
DOC. NO.: CV-20-6096730 tionality. After bringing suit for deprivation
COURT OPINION BY: Welch of civil rights and discrimination, defendant
DATE: May 28, 2021 • PAGES: 11 moved to strike, and the court agreed that
CONNECTICUT
Law Tribune