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Dog Bite Liability:  “The plaintiff approached the dog, knelt in front of him, and raised her hand in front of him. …”

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A 28-year old woman (the Plaintiff), recovered $15,000.00 non-economic damages (pain and suffering), and $815.05 economic / medical expenses, after the defendant’s dog bit her.

The Court’s factual findings, based on the evidence presented at trial, include:

  • The Plaintiff was at a barbeque, where the dog was kept.
  • The dog was twelve years old, blind in one eye, and was uncomfortable with strangers.
  • The Plaintiff acknowledged that she was aware that the dog was “not friendly”.
  • All attendees, at the barbeque, were advised multiple times that the dog was not friendly and to stay away from him.
  • A specific area of the house was designated for the event. There were multiple signs warning about the defendant’s dog. Certain areas of the house were separated from the event and “off-limits” to the guests. These were the areas where the dog was kept, including a portion of the house which was closed, locked, and contained signs directing guests to stay away from the dog.
  • The Plaintiff’s trial testimony confirmed that she was aware of the signs.
  • The Plaintiff consumed her own beer and as a result of her beer consumption she became “buzzed” or intoxicated.
  • “The plaintiff, in spite of the warnings, and knowing full well that the dog was not friendly to strangers and was dangerous, wanted to pet the defendant’s dog. The plaintiff approached the dog, knelt in front of him, and raised her hand in front of him. The dog bit the plaintiff and she sustained lacerations to the right eyelid…”

The dog’s owner/keeper, argued that the Plaintiff’s actions amounted to trespass, teasing, and tormenting the dog; that she was warned several times that the dog was unfriendly towards strangers, and she was sarcastic in her response, stating “Thanks for the warning, and that she had gotten the message.”

The Court, despite noting the “unusual behavior and demeanor” of the Plaintiff, concluded that “the plaintiff’s conduct did not amount to trespass, teasing and tormenting the dog”.

This Superior Court decision is based on Connecticut’s strict-liability dog-bite statute, which provides in relevant part:

“If any dog does any damage to either the body or property of any person, the owner or keeper,… shall be liable for the amount of such damage, except when such damage has been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog…”
CGS 22-357

A copy of the complete Memorandum of Decision is available here:

https://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=8430096

Real Estate “Closing Customs” in Connecticut

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When buying or selling real estate, your closing attorney in Connecticut will usually follow the customs of the local county bar.

Customs address questions, such as:

Where is the closing held?

Who holds the deposit?

How are closing expenses and purchase price paid at closing?

A common question is “Who notifies tax collector / assessor and utilities of changes in ownership of property?” In Hartford and Tolland County, the custom is:

ANSWER: Utility companies require that purchaser and seller call them directly. Tax assessor and collector are notified by the Town Clerk once documents are received for recording. (Hartford County; Tolland County)

To review CATIC’s “A Guide to Closing Customs in Connecticut”, use this link:

https://www.catic.com/Consumers/Resources/ClosingCustomsCT.aspx

Buying Real Estate: Joint Tenancy and Tenancy in Common

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Whether an attorney must be present at a real estate closing, typically depends on the state’s view of whether a non-attorney conducting a closing, is the “unauthorized practice of law”. Connecticut, unlike many other states, still heavily relies on attorneys to conduct closings.

If you are buying real estate in Connecticut, and you are taking title jointly with another person such as your spouse, ask your attorney for advice on how to take title. There are differences between a “joint tenancy” and a “tenancy in common”.

In a tenancy in common “each cotenant holds an undivided partial … interest in the whole of their property… A consequence of this form of ownership is that a cotenant can freely sell, lease or mortgage his own undivided interest in the whole property to a third party without the consent of the remaining cotenants … A cotenant may not, however, act unilaterally so as to bind the interest of his cotenant.” (Citations omitted.) Ianotti v. Ciccio, 219 Conn. 36, 41 (1991).

Typically married persons who take title to real estate elect “Joint Tenancy with Rights of Survivorship”. The survivorship provision results in vesting of the entire title to the property, to the surviving party, on the other’s death. This shows how your decision to take title to real estate, is part of your overall estate plan.

At Marder, Roberson & DeFelice Law Offices, LLC our attorneys are knowledgeable in both real estate conveyancing, and estate planning. When you buy a home, take some time to think about your estate plan.

What is the alimony “formula” in Connecticut?

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Connecticut does not use a formula, or “guideline” approach to alimony. Instead Connecticut law provides for statutory factors, that must be considered, when awarding or modifying alimony. After considering the criteria below, governing Connecticut alimony, do you think a formulaic / guideline approach would be beneficial? Or do you support the flexibility of the current system?

Connecticut’s flexible alimony criteria:

“In general the same sorts of [criteria] are relevant in deciding whether the decree may be modified as are relevant in making the initial award of alimony. They have chiefly to do with the needs and financial resources of the parties . . . More specifically, these criteria, outlined in General Statutes 46b-82, require the court to consider the needs and financial resources of each of the parties and their children, as well as such factors as the causes for the dissolution of the marriage and the age, health, station, occupation, employability and amount and sources of income of the parties. (Citations omitted; quotations omitted.) Borkowski v. Borkowski, 228 Conn. 729, 738, 638 A.2d 1060 (1994).

“Court decisions construing the alimony and property division statutes emphasize the responsibility of the trial court to consider all of the evidence, weigh all of the statutory factors, and then to place the weight on each factor that the court deems most fair and appropriate under the particular circumstances of each case. “While the trial court must consider the delineated statutory criteria, no single criterion is preferred over the others, and the court is accorded wide latitude in varying the weight placed upon each item under the peculiar circumstances of each case.” Carpenter v. Carpenter, 188 Conn. 736, 740-41, 453 A.2d 1151 (1982). The court is not obligated to make express findings on each and “is not required to give equal weight to each of the specified criteria it considers in determining its award, nor is any single criterion preferred over the others.” Graham v. Graham, 25 Conn.App. 41, 45, 592 A.2d 424 (1991). The weight to place on each factor depends on the circumstances of each case. (Citation omitted.) Moreover, the statutory factors for awarding alimony or assigning property are not exclusive, and the court may consider other equitable factors in either. Smith v. Smith, 249 Conn. 265, 284, 752 A.2d 1023 (1999). Robinson v. Robinson, 187 Conn. 70, 72, 444 A.2d 234 (1982). Werkhoven v. Werkhoven, No. FA094011324S (Feb. 17, 2011) (Frazzini, J.)

Landlord / Tenant pre-termination “KAPA” Notice

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The eviction process in Connecticut, begins with a Notice to Quit. This Notice sets forth the reason why the Landlord is starting the Summary Process (eviction) case, such as for example “Non Payment of Rent”, or “Lapse of Time”. The Summary Process (eviction) complaint is filed in court after a proper Notice to Quit is served.

However, on occasion, a “pre-termination notice” (also known as a KAPA notice), is required even before the Notice to Quit is served.

A “pre-termination notice” can refer to the notice that must be provided, under federal law, before a landlord is permitted to initiate eviction proceedings against a tenant who occupies federally subsidized housing. Connecticut law also requires a pre-termination notice under certain circumstances. See General Statutes § 47a-15 (requiring a landlord to provide pre-termination notice to the tenant before filing any eviction action based, among other things, on alleged material noncompliance with terms of lease, unless the noncompliance involves nonpayment of rent or serious nuisance). This state statutory requirement, often called a Kapa notice, see Kapa Associates v. Flores, 35 Conn.Supp. 274, 408 A.2d 22 (1979), requires the landlord to give the tenant at least fifteen days to cure the alleged non-compliance before any lease termination becomes effective.

Mistakes made early on in an eviction case, might not be discovered until weeks or months later. Working with an experienced attorney early in the process, is important in this area of the law.

What is “Short Calendar” in Connecticut Superior Court?

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UPDATE: August 26, 2016: The Family Short Calendar procedure at the Tolland Judicial District, 69 Brooklyn Street, Rockville, has changed effective October 3, 2016. All matters that appear on this calendar are deemed ready. Ready markings are no longer required. A marking is only necessary if the party who filed the motion wishes the matter to be marked off. If the party who filed the motion does not appear, the court may deem oral argument waived and the motion may be denied by the court. If the party who did not file the motion does not appear, the court may deem oral argument waived and may grant the relief requested in the motion. The Family Short Calendar in the Tolland Judicial District, will be called at 9:30 a.m.

 

The “Short Calendar” procedure can be confusing to both Connecticut attorneys, and self-represented (“pro se”) parties. To make matters more complicated, customs and procedures may vary between courts.

Short Calendar procedures apply to both civil and family court cases. In Rockville Court (Tolland County, Connecticut) Short Calendar is held on Monday morning each week, except when Monday is a holiday. Those who have filed motions in Family (divorce and custody) cases, will have to follow the Short Calendar procedure to mark their case “Ready” (or “Take Papers” if applicable, for certain motions), and notify the opposing party they intend to proceed. This is done several days in advance of court, during the allowed ‘marking period’.

In Family Cases, motions will be marked “ready” again at the 9:30 am calendar call on Monday morning. Parties should sign in with Family Relations as soon as possible, as there is usually a long wait. Parties will need to first meet with Family Relations Officers, who will try to help the parties resolve their disagreements. If an agreement is reached, it needs to be drafted. The parties will sign the agreement, and bring the written agreement into Court. Newer files get scanned and e-filed, before going into court, at the Court Services Center. The judge will canvas the parties (i.e. ask if the parties believe the agreement is fair and equitable, and in the best interests of the minor child(ren), and review the details of the agreement with the parties), before the judge enters the agreement as an Order of the Court.

Parties should come prepared to Family Short Calendar with Financial Affidavits, and supporting documents (i.e. pay stubs). They may also wish to prepare Proposed Orders, and prepare exhibits should the case have to go before a Judge, for a decision. If a party has an Attorney, then the Attorney will accompany the party through the process. The court might not permit lengthy evidence on a Short Calendar date. It is possible that if an agreement is not reached, the case will be scheduled for a “Special Assignment”, which could be days or weeks later, depending on the court’s availability and urgency of the issues.

The procedures above may vary from court to court, and may be modified from time to time by the presiding judge, or new court rules.

The process for civil cases, is also quite different. In civil cases, many motions are not ‘arguable as of right’ and there are special procedures to request oral argument. You need to be familiar with the Connecticut Practice Book (“Rules of Court”), as well as the substantive law, including Rules of Evidence, that will apply to your legal issues.

Speak with an attorney who is familiar with the Short Calendar procedures in your jurisdiction, to address the specific circumstances of your case.

A Short Calendar and Marking Process Quick Reference Guide, published by the judicial branch, is available at: https://www.jud.ct.gov/external/super/e-services/efile/shortcal_quickref.pdf

Restraining Orders & Protective Orders

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We are often asked about Restraining Orders, and Protective Orders.

The information below, is available on the Connecticut judicial website: https://www.jud.ct.gov/statistics/prot_restrain/

Every case is fact specific. If you are involved in a proceeding that involves either a civil Restraining Order, or a criminal Protective Order, we strongly advise you to speak with an experienced attorney.

Protective / Restraining Order Glossary

  • Family Violence Protective Order (section 46b-38c of the Connecticut General Statutes) is an order that is issued at the time of arraignment during a criminal proceeding. Usually these orders are recommended by either the family relations office or in some cases the state’s attorney’s office. These orders are usually in effect from the date they are issued until the criminal case is sentenced and/or disposed of. In some cases a protective order can be removed prior to the underlying case being settled.
  • Standing Criminal Restraining Order (section 53a-40e of the Connecticut General Statutes is an order that is issued usually at the end of a criminal case. These are lifetime orders and remain in effect until further order of the court. This order type is generally issued when it is a more severe criminal case.
  • Restraining Order Application (section 46b-15 of the Connecticut General Statutes) is an application for a restraining order ex parte (immediate). It is given out at the clerk’s office to people who come in for relief from abuse in family cases. A Judge reviews the application and affidavit, and decides whether or not to issue a restraining order relief from abuse. If one is issued, the application is then updated to an ex parte restraining order. The Judge can also deny the ex parte relief and issue an Order for Hearing and Notice Summons.
  • Ex Parte Restraining Order (section 46b-15 of the Connecticut General Statutes) is an order issued by the family court when someone has completed the restraining order application. The Judge has reviewed the application and affidavit, and issues a temporary ex parte restraining order. A hearing date is scheduled, and the respondent must be notified. Generally speaking, this order is good for for 14 days, or until the date of the hearing. (Hearings can be scheduled before the 14-day time limit).
  • Restraining Order After Hearing (section 46b-15 of the Connecticut General Statutes) is issued after a hearing on an ex parte restraining order, or an Order for Hearing and Notice Summons. Again, this order type is issued out of the family court. Generally speaking, it is effective for 6 months from the date of the hearing. A victim/applicant can request that the restraining order after the hearing be extended when the 6 months is about to run out. They must file a motion to extend and the respondent must again get notice.

Fire Sprinkler System Disclosure in Residential Leases

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Connecticut residential landlords, take notice:

As of October 1, 2015, Connecticut law (Section 57 of bill 1502) requires that residential landlords include a notice in a rental agreement, as to the existence or nonexistence of an operative fire sprinkler system. Further, if there is an operative fire sprinkler system in the dwelling unit, the rental agreement “shall provide further notice as to the last date of maintenance and inspection…” The notices “shall be printed in not less than twelve-point boldface type of uniform font.”

 

 

 

Connecticut’s DUI/OUI laws effective July 1, 2015

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The Connecticut Department of Motor Vehicles has provided a useful summary of changes to Connecticut’s Operating Under the Influence (OUI) laws. Note new provisions of the laws, effective July 1, 2015, affecting driver license suspensions and Ignition Interlock Devices.

The summary below is available at: https://www.ct.gov/dmv/cwp/view.asp?a=813&q=249562

Connecticut’s Drunk Driving Law
Operating Under the Influence (OUI)
In Connecticut, operating a motor vehicle while under the influence of alcohol and/or drugs is a criminal offense. This offense may be prosecuted with or without any direct evidence of a person’s BAC. The determining factor is whether a person’s ability to drive has been impaired.
Driving is a privilege, and under Connecticut’s Implied Consent Law any person who operates a motor vehicle is presumed to have given his or her consent to a test to determine blood alcohol concentration (BAC).
You are legally intoxicated if your BAC is .08 or above.
If you are under 21 years of age, you are legally intoxicated at a .02 BAC or higher.
Any amount of alcohol will affect driving ability. Alcohol’s effect is magnified by emotions, physical condition, use of prescription drugs or other types of drugs, some over-the-counter medications and some herbal supplements.
If you are arrested for OUI:
  • You will be detained by the police and read your rights.
  • Your vehicle will be towed at your expense.
  • You will be taken in a police cruiser to the police station.
  • If the test registers a BAC of .08 or higher, you will be held on the presumption that you were operating under the influence.
  • You will be kept in a police lock-up until you are bailed out.
There are two ways to lose your license:
1. Administrative Per Se through DMV
for failing or refusing a chemical alcohol test
When a driver is arrested and charged with operating under the influence of alcohol or drugs, the arrest report is sent to DMV. Upon receipt of the arrest report, DMV imposes a suspension under Connecticut General Statute §14-227b for the failure of the blood, breath or urine test (whichever is requested by the arresting officer) or for the refusal to submit to the test. In most cases, the suspension will begin 30 days after the arrest date. The license suspension is based on the arrest information and is separate from any penalties or requirements that may be imposed as a result of the court case.
A notice of suspension will be mailed to the address of record allowing you seven days to request a hearing. If you wish to request a hearing, call the Administrative Per Se Unit at 860-263-5204 (8:30a.m. to 4:30 p.m. Monday through Friday) before the deadline stated on your suspension notice.

Beginning with arrest dates on or after July 1, 2015, ALL driver license suspensions for failing or refusing a chemical alcohol test will be forty-five (45) days.

Installation of an Ignition Interlock Device (IID) will be required prior to restoration for ALL alcohol related suspensions. Following restoration, the IID must be maintained for at least the length of time listed below:

IID requirement for drivers under 21 years old*

Blood Alcohol Level

First Offense

Second Offense

Third or Subsequent Offense

Test results of .02 or higher

1 year

2 years

3 years

IID requirement for drivers 21 Years Old and Older*

Blood Alcohol Level

First Offense

Second Offense

Third or Subsequent Offense

Test results of .08 or higher

6 months

1 year

2 years

IID requirement for ALL drivers*

Refusal of test

First Offense

Second Offense

Third or Subsequent

Offense

Refusal to submit to a breath, urine, or blood test

1 year

2 years

3 years

*If you are convicted in court for operating while under the influence of alcohol or drugs under Connecticut General Statute §14-227a for the same arrest, the IID may be required for a longer term. The IID is required for the duration specified in Connecticut General Statute §14-227b(i) or Connecticut General Statute §14-227a(g), whichever is longer. See Section 2 below.

If you were arrested prior to July 1, 2015 you may petition in writing to the Commissioner of the Department of Motor Vehicles for the option to participate in the IID program. After serving at least 45 days of your suspension for failing or refusing the chemical test, you will be required to have an IID for the remainder of the original suspension, plus the additional duration required (if any) following a conviction under Connecticut General Statute §14-227a for the same arrest.

 

2. Court conviction for Operating Under the Influence of Alcohol or Drugs (OUI)

 

Under Connecticut’s criminal law, a driver arrested for OUI will receive both a summons and a court date. If the court proceedings result in a conviction, the following penalties must be imposed by the Department of Motor Vehicles:

 

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a or §14-227g

Conviction on or after July 1, 2015

First Conviction

Second Conviction

Third or Subsequent Conviction

45 day license suspension

If the 45 day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for one year following restoration, or for the duration required under the Administrative Per Se law, whichever is longer

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the one year requirement

45 day license suspension

If the 45 day suspension for failing or refusing a chemical test for the same arrest has already been served, may be eligible for restoration immediately if there are no other suspensions.

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

If already reinstated with an IID following the suspension for failing or refusing a chemical test for the same arrest, the IID will be credited toward completion of the three year requirement

Permanent revocation of license

Must wait at least two yearsfrom the date of revocation to request a hearing for reconsideration

For arrests prior to July 1, 2015 you may petition in writing to the Commissioner of the Department of Motor Vehicles for the option to participate in the IID program after serving at least 45 days of the suspension under Connecticut General Statute §14-227b for the same arrest. You will be required to have an IID for the time required conviction under Connecticut General Statute §14-227a or Connecticut General Statute §14-227b, whichever is longer.

 

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction after January 1, 2012

First Conviction

Second Conviction

Third or Subsequent Conviction

45 day license suspension

If no other suspensions, eligible for restoration after the 45 day suspension regardless of whether the suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for one year following restoration

45 days license suspension, or until 21st birthday, whichever is longer.

If no other suspensions, eligible for restoration after the 45 day suspension regardless of whether the suspension for failing or refusing a chemical test for the same arrest has been fully served

Must install Ignition Interlock Device (IID)

IID required for three years following restoration

During the first year of this three-year period you may drive only to or from work, school, an alcohol or drug abuse treatment program, an IID service center, or an appointment with a probation officer.

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration for reconsideration

Operating Under the Influence of Alcohol or Drugs

Connecticut General Statute §14-227a, §14-227g, or §14-111n

Conviction prior to January 1, 2012

Under Age 21

First Conviction

Second Conviction

Third or Subsequent conviction

1 year license suspension

3 year license suspension, or until 21st birthday, whichever is longer

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing forreconsideration

Age 21 or older

First Conviction

Second Conviction

Third or Subsequent conviction

1 year license suspension

1 year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

 

Manslaughter with a Motor Vehicle, Connecticut General Statute §53a-56b

Assault with a Motor Vehicle, Connecticut General Statute §53a-60d

First Conviction

Second Conviction

Third or Subsequent Conviction

1 year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

1 year license suspension

Must install Ignition Interlock Device (IID)

IID required for two years following restoration

Permanent revocation of license

Must wait at least two years from the date of revocation to request a hearing for reconsideration

 

 

To determine if a conviction is a first, second, or third/subsequent offense, any and all convictions reported under Connecticut General Statutes §14-111n, §14-227a, §14-227g, §53a-56b or §53a-60d are considered.

For information concerning restoration or IID requirements, you may write or call:

 

Department of Motor Vehicles

Driver Services Division

60 State Street

Wethersfield, CT 06161-2525

[email protected]

Phone: 860-263-5720

 

 

Content Last Modified on 7/29/2015 12:40:16 PM

Revised Child Support Guidelines, Effective July 1, 2015

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Connecticut has revised the Child Support and Arrearage Guidelines, effective July 1, 2015. The revised guidelines are available at: https://www.jud.ct.gov/Publications/ChildSupport/CSguidelines.pdf

For more information, please don’t hesitate to call us, and ask to speak with one of our attorneys.