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Jennifer DelMonico is the Managing Partner of Murtha Cullina LLP. She has been a trial lawyer for parties in complex commercial litigation disputes and defendants in tort and product liability actions for nearly 20 years. She primarily represents clients in the manufacturing, technology, and health care industries.

Jennifer has tried several cases to verdict to judges and juries in state and federal court. Her trials have involved a variety of claims, including those for product liability, negligence, breach of warranty, breach of contract, and violations of the Connecticut Uniform Trade Secrets Act (CUTSA) and the Connecticut Unfair Trade Practices Act (CUTPA).

Jennifer also counsels clients on security breach and electronic data compliance issues.

In Munn v. The Hotchkiss School, the Second Circuit certified two questions to the Connecticut Supreme Court to help it decide an appeal from a $41.5 million jury verdict awarded to a student who contracted a serious tick-borne disease while on a month-long study abroad program in China:  (1) does Connecticut public policy support imposing a duty on a school to warn or protect against the risk of serious insect-borne disease when it organizes a trip abroad; and (2) if so, does an award of approximately $41.5 million in favor of the plaintiff, $31.5 million of which are  noneconomic damages, warrant remittitur?  For our prior coverage of the arguments, click here.

On August 11, 2017, the Connecticut Supreme Court issued its decision, concluding that Connecticut public policy supports a school’s duty to warn and protect students from serious tick-borne disease on a school-sponsored trip abroad. The Court reiterated the well-established duty of Connecticut schools with custody of minor children to use reasonable care to protect those children from foreseeable harms during school sponsored activities.  The Court found no compelling reason to create an exception to this rule for “foreseeable insect-borne diseases.”

In deciding whether to create such an exception, the Court evaluated four public policy factors: (1) the normal expectations of the participants; (2) balancing the public policy of encouraging participation in the activity against the safety of the participants; (3) avoidance of increased litigation; and (4) decisions in other jurisdictions.


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Argument Recap:  Munn v. The Hotchkiss School, SC 19525

The Connecticut Supreme Court heard oral argument this term in Munn v. The Hotchkiss School to decide whether Connecticut public policy supports imposing a duty on a school to warn about or protect against a serious insect-borne disease when it organizes a trip abroad.

The case