Page 28 - CLT062821

28 ■ JUNE 28, 2021 CONNECTICUT OPINIONS
have the plaintiff evicted at a time period after Plaintiff’s decedent was in a car crash and was
the dismissal of the appeal during which such treated at Yale New Haven Hospital. Defen-
action was still prohibited. As such, the court dant was allegedly negligent, resulting in the
found there was a genuine issue of material fact decedent’s demise, and plaintiff sought dam-
as to whether plaintiff was wrongfully evicted. ages. Defendants alleged that the death was
The court denied summary judgment. caused by the driver who crashed into the de-
cedent’s tractor, and filed an apportionment
LEGAL ETHICS AND ATTORNEY DISCIPLINE claim. Plaintiff moved to dismiss the appor-
tionment complaint for either lack of subject
Motion for Disqualification Granted matter jurisdiction, or failure to state a claim

Where Defendant Attorney Had upon which relief could be granted. While
the court maintained that plaintiff should
Previously Represented Codefendants have filed a motion to strike rather than a
in Subject Vexatious Litigation Action motion to dismiss, since plaintiff’s argument
did not challenge subject matter jurisdiction,
CASE: Papageorge v. Kryzanski it did consider plaintiff’s motion in terms of
COURT: Fairfield J.D. at Bridgeport whether the apportionment claim was prop-
DOC. NO.: CV-21-610-3670 erly asserted. Although no Connecticut ap-
COURT OPINION BY: Jacobs pellate court specifically addressed whether
DATE: June 04, 2021 • PAGES: 8 damages incurred as a result of medical mal-
Defendant homeowners hired plaintiff Papa- practice can be apportioned against the neg-
george to replace the roof on their residential ligence that caused initial injury, this court
property. Four years after the replacement,
homeowners noticed the roof was leaking, how- found that it could. The court held that the
ever plaintiff asserted the leak was because of defendant sufficiently alleged negligence
the roof flashing and that he was not respon- against the other driver. Therefore, it denied
sible for the leak. Defendant homeowners en- plaintiff’s motion to dismiss the apportion-
gaged defendant/attorney Krysanski to bring a ment claim.
claim against Papageorge for violations of the
Connecticut Unfair Trade Practices Act. Judg- MOTOR VEHICLE TORTS • DAMAGES
ment was entered in favor of Papageorge on the
counts, and Papageorge brought the present ac- Economic and Non-Economic Damages
tion against the homeowners and the attorney
for vexatious litigation. Krysanski was set to Awarded in Accident Case
represent defendant homeowners in the vexa- CASE: Bonilla v. Theroux
tious litigation claim, and plaintiff Papageorge COURT: Hartford J.D. at Hartford
moved to disqualify Krysanski from representa- DOC. NO.: CV-19-6115595
tion pursuant to Rule 1.7 of the Rules of Pro- COURT OPINION BY: Scholl
fessional Conduct. The court found the action DATE: June 03, 2021 • PAGES: 4
against the homeowners included decisions re- A driver, who was injured in an accident by
lated to their trial strategy and choice of wit- another driver’s negligent driving, was able to
nesses, and therefore granted disqualification in win both economic and non-economic dam-
favor of plaintiff Papageorge. ages at trial. In 2018, the plaintiff, Olga Bonil-
la, was driving when the defendant, Nicholas
MEDICAL MALPRACTICE • CIVIL Theroux, operating the vehicle of defendant
PROCEDURE • DAMAGES Joseph Theroux, changed into her lane and
struck her vehicle causing damages. As the
Motion to Dismiss Apportionment defendants admitted liability, the trial pro-
ceeded solely on the basis of what injuries Bo-
Claim Denied in Negligence Case nilla sustained. At trial, Bonilla claimed she

CASE: Logue v. Yale Univ. incurred $6,703.45 in medical bills as a result
COURT: New Haven J.D. at New Haven of the accident, which the court found cred-
DOC. NO.: CV-20-6105201 ible. The court also ordered defendants to pay
COURT OPINION BY: Kamp $5,000 in non-economic damages for a total
DATE: June 02, 2021 • PAGES: 9 award of $11,703.45.
CONNECTICUT
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