We are into the second week of the Connecticut Supreme Court’s 2017-2018 year. Here’s a look at this week’s cases:
Monday, September 18th
The first case is Francini v. Goodspeed Airport, LLC, SC 19705, where the Supreme Court will consider whether the Appellate Court properly held that an easement by necessity for a landlocked parcel is not limited only to ingress and egress. The trial court had rejected the plaintiff’s claim that his property’s easement by necessity to access a public highway also included a right of way to access commercial utilities and the Appellate Court reversed.
The second case is State v. Urbanowki, SC 19678, where the Court will consider whether evidence that the defendant in a strangulation prosecution had previously attempted to choke another woman was harmless error.
Tuesday, September 19th
As part of its public education goals, each year the Connecticut Supreme Court holds an “On Circuit” program where it hears oral arguments at an area law school, college, or high school. This year, the venue for the “On Circuit” program will be the University of New Haven and two cases will be argued.
The first case is Brooks v. Powers, SC 19727, which addresses governmental immunity. The plaintiff is the estate of a woman whose body washed up on the shore. A report had been made to the local police department that she was near the ocean during a severe storm and in need of medical attention, but no one responded. The issue is whether the imminent harm, identifiable victim exception to discretionary act immunity applies. The trial court had concluded that it does, granting summary judgment. A divided panel of the Appellate Court reversed.
The second case, State v. Panek, 19772, is about the meaning of the “not in plain view” element of the video voyeurism statute and, specifically, whether it must be evaluated from the perspective of the defendant or the public at-large. The trial court concluded that the former was the correct test, and granted the defendant’s motion to dismiss because the alleged victims were in his immediate physical presence. The State appealed and the Appellate Court affirmed, agreeing with the trial court.