From the Connecticut Law Tribune:
Facts: The Plaintiff reached up to turn on a TV in the emergency room. The TV weighed 50 lbs and was placed about six feet off the ground. The TV fell on the Plaintiff.
Injuries: The Plaintiff injured her neck, shoulder and hand and was given a permanent partial disability of 14%, 5% and 2% respectively. The Plaintiff claimed that the injuries caused a permanent scar, and that she is now unable to drive long distances and to perform routine household tasks.
Ruling: The Court found that the Defendant had constructive notice that the bracket holding the TV was defective and the Defendant’s failure to fix it was negligent.
Damages: Economic damages – $46,998 for medical expenses and $38,071 for last wages. Non-economic damages – $150,000 for pain and suffering.
Connecticut is one of five states that legally recognizes same-sex marriage. But the federal government does not recognize these unions which in turn creates potential tax issues and mortgage complications. Here is useful information concerning these issues courtesy of MortageLoan.com
NBA star Dwayne Wade has won custody of his two sons, ages 3 and 9, after a five month custody battle with his ex-wife in Florida. The children will be transitioned to Wade’s residence over the next month during which time the mother will have limited contact with them. The children had been living primarily with their mother.
What necessitated such an abrupt change?
The mother’s unwillingness to facilitate and encourage a relationship between Wade and his children. The judge found that the mother engaged in “unstoppable and relentless pattern of conduct for over two years to alienate the children from their father.”
The mother also made claims that Wade was physically abusive to his children; a claim the court found to be “baseless.”
To his credit, Wade has repeatedly said that he wants his children to have a healthy relationship with their mother.
Like Florida, Connecticut courts specifically address this type of behavior.
In Connecticut our “best interest” statute, §46b-56, sets forth sixteen factors for a court to consider when making custody and visitation orders. Those factors include: “the willingness and the ability of each parent to facilitate and encourage a continuing relationship between the child and other parent.”
This case illustrates that forms of parental alienation are among the most important considerations when a court is deciding issues of custody. In Wade’s case it was a “game changer.”
On Thursday March 10, I had the opportunity to present a brief overview of the divorce process in Connecticut and field questions from employees at Yale New Haven Hospital.
An attendee asked the question of whether filing the divorce first made a difference.
Does it matter who files the divorce first? Some people believe that they gain an advantage by being the first to file. They mistakenly believe that the judge will conclude that their spouse is a lousy SOB leaving the poor plaintiff with no alternative but to file divorce to save themselves. This is incorrect. One’s status as a plaintiff or a defendant is of no significance to a judge. The judge does not conclude anything regarding the merits of the case simply because you filed first.
However, there may be four tactical reasons to file first:
1) Venue. Depending on where you live you may a choice between two courts in which you may file your divorce. This may be important in terms of convenence to the spouse or their attorney. In addition, the attorney may be familiar with how courts have ruled on certain issues and therefore you could file in the court most likely to provide a favorable judgment.
2) Automatic orders. Once a divorce case is initiated, certain orders automatically go into effect including orders relating to finances. If divorce is inevitable, it often makes sense to allow the automatic orders to take effect sooner rather than later thereby reducing the time that your spouse has to transfer assets or incur unreasonable debt.
3) Psychological aspects. As the Plaintiff, you demonstrate to your spouse that the marriage is “irretrievably broken” and that you have the strength and resources to file a divorce. This is especially important in cases where the Plaintiff has been under the spouse’s control or has been the victim of abuse.
4) Trial purposes. In a contested case, the Plaintiff presents their evidence first. This allows the Plaintiff the opportunity to explain the circumstances to the judge first and to address arguments that will likely be made by your spouse before they even have a chance. If this is done effectively, your spouse will have a harder time presenting their case. In addition, many cases settle during the course of trial. If the presentation of your case as the Plaintiff is strong your leverage for settlement increases.
Thanks to those in attendance on Thursday. I enjoyed meeting all of you.
The majority of Parenting Plans set forth consistent and unsupervised visitation. This is as it should be for the healthy development of the child and the integrity of the family.
So under what circumstances will a court consider supervised visitation or eliminating visitation altogether?
Violence – past physical abuse of a child such that the child needs to be protected from the parent for the child’s own physical safety.
Emotional harm to the child – a court may consider eliminating or reducing visitation if the visitation is negatively affecting the child’s performance at school or the child has consistent and identified adverse reactions to the visitation such as engaging in anti-social behavior or self-injurious behavior.
Mental health – if the mental health of a parent is such that the child cannot be safe without supervision.
Substance abuse – a parent’s abuse of alcohol or use of illegal drugs impairs their ability to exercise sound judgment during parenting time or otherwise prevents the parent from meeting the child’s basic needs.
Re-establishment of parent child relationship – typically ordered when the relationship between the parent and the child is “strained” or the parent seeking visitation has been absent. This type of visitation is usually supervised by a mental health professional such as therapist or psychologist. Therefore it is often referred to as “therapeutic visitation.”
Abduction – is the non-custodial parent a flight risk? I mean a real flight risk. The court would have to find that the parent poses such a threat to flee with the child that the parent cannot visit with the child without supervision. This is a rare case.
In some instances, a court will order certain restrictions or limitations regarding visitation (i.e. drug testing, mental health treatment, family counseling). This is designed to address a problem without the drastic step of supervising visitation or eliminating visitation. However, supervised visits or eliminating visitation may be ordered if there is no other way to safely protect the child.
I represent clients with visitation issues throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 if you have questions about supervised visitation in Connecticut.
You were in a car accident. Here a few steps to follow:
1) Call the police. Never try to handle the accident with the other driver. The police will file a report. This report is often the most important document in determining who caused the car accident. In addition, the police can get an ambulance to the scene quickly in case anyone was injured.
2) Be careful when speaking with the other driver. Be extremely careful about what you say to the other driver concerning how the accident was caused or whether you were injured or others were injured. Of course, you will speak and cooperate with the police but do so outside the presence of the other driver.
3) Gather information. If you do not require medical attention, then look for eyewitnesses such as passengers and bystanders (make sure to get their names and contact information), jot down your observations about the weather and traffic conditions, take pictures of the accident scene (including the damage to your vehicle and the other vehicle) and get the name and insurance information of the other driver.
4) Call your insurance carrier. Provide them with all the information you have about the accident. They will usually ask some basic information about how the accident occurred and whether there were injuries. Let them know the police were called and provide them with the police report number.
5) Seek medical treatment. Obviously, this only applies if you were injured. But if you were, the sooner you seek treatment the better. Some folks take a “grin and bear it” approach. They believe the pain will simply subside over time. Insurance companies however will view your lack of immediate treatment as evidence that you were not that seriously injured. This may compromise your claim for compensation.
6) Get a copy of the police report. The report will generally be available within three to five business days. Look it over. Make sure it’s accurate. If its not ask to speak to the responding officer to correct the report. If information is missing, ask to supplement the report. Keep a copy for your records.
7) Follow up with your insurance company. Every 30 days or so call your insurance company (some companies allow you to track the status online). You will likely deal with two different insurance adjusters: one for property damage to the vehicle and a second adjuster for any claims of personal injury. Provide them with updates as necessary.