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CONNECTICUT OPINIONS JULY 27, 2020 ¦ 35

was essentially requesting the court to consider along with the child and her husband, and has
evidence outside the administrative record, make a stable living situation, and the child is doing
its own decision about the Zoning Board’s juris- well socially and academically. Plaintiff filed
diction, and therefore substitute its discretion for an application for custody, asking the court to
that of the Board. Therefore, the court denied award joint legal custody with primary physical
Newport’s motion to conduct discovery. custody to him, and prohibiting the defendant
from moving out of state with the minor child.
The court found that it was in the child’s best in-
Court Denied Intervening Defendant’s terests for both parties to have shared joint legal
Request To Conduct Discovery In custody, with primary physical custody awarded
Zoning Appeal to defendant. The court permitted the child to
move with defendant to Maryland, granting
CASE: Glover v. Zoning Board of Appeals of the Town of visitation rights to plaintiff on three-day holi-
Fairfield day weekends, seven weeks in the summer, and
COURT: Fairfield J.D. at Bridgeport alternating years for Christmas and Easter. The
DOC. NO.: CV-19-6090952 court determined the parties should share trans-
COURT OPINION BY: Stevens portation responsibilities.
DATE: July 02, 2020 • PAGES: 6
Defendant granted an application for a building
permit authorizing the construction of a residen- PERSONAL INJURY

tial group home on the property owned by New- Court Found That Defendant Had
port Academy. Plaintiff appealed this decision to
the defendant, and defendant denied the appeal No Duty Of Care To Independent
on the ground that it was untimely. Newport is Contractor
the intervening defendant. Newport filed a mo-
tion to obtain discovery from plaintiffs regarding CASE: Reyes v. TIAA Board of Overseers
the plaintiffs’ actual or constructive notice of the COURT: Ansonia-Milford J.D. at Milford
issuance of the building permit. The court de- DOC. NO.: CV-18-6027065
nied Newport’s motion. The court held that New- COURT OPINION BY: Tyma
port had not provided any extraordinary reason DATE: June 15, 2020 • PAGES: 6
for the requested discovery, and it had not suf- Plaintiff was the executor of decedent’s estate.
ficiently explained how the requested discovery He filed a three-count complaint seeking dam-
was either necessary or material for the equitable ages from decedent’s death while working on a
disposition of plaintiffs’ appeal. The court noted commercial property that was under construc-
that this was especially true considering Newport tion. Defendant fell from a ladder while inves-
had the opportunity to cross-examine the plain- tigating a skylight. Plaintiff alleged that defen-
tiffs during the public zoning hearing. dants’ negligence caused the death, specifically
that one defendant owned the premises and
that two of the defendants were contractors
FAMILY LAW working in the area where the decedent died.

Court Grants Primary Physical Custody Plaintiff claimed that defendants were negli-
and Visitation Rights in Child Custody gent in that they provided the decedent with
Dispute an inappropriate ladder and failed to provide
safety equipment. One contractor moved for
summary judgment, and the court granted the
motion. The contractor claimed that it did not
CASE: Tiriolo v. Shareef-Malachi owe a duty of care because the decedent was
COURT: Waterbury J.D. at Waterbury
DOC. NO.: CV-18-5022996 an independent contractor employed by the
COURT OPINION BY: Coleman property manager. The court found that the
DATE: July 06, 2020 • PAGES: 8 defendant’s employer controlled the means and
Plaintiff and defendant had a child born in 2012 methods of the decedent’s work on the skylight,
in Connecticut. The parties never married. De- and that the general contractor defendant had
fendant married another man, and she and the no specific control over that work. There was
child moved to Louisiana where her husband no evidence that the contractor defendant had
was stationed in 2018. Additional relocations anything to do with dispatching the decedent
followed. Defendant currently lives in Maryland to investigate the skylight, the ladder used, or

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