Legal Opinion

Birchard v. City of New Britain

Connecticut Appellate Court

Decided August 7, 2007No. AC 27831PublishedCited by 9 opinions

1Opinion of the Court

Opinion

GRUENDEL, J.

The plaintiff, Kathleen Birchard, appeals from the judgment of the trial court rendered after it granted the motion of the defendant, the city of New Britain, for judgment notwithstanding the verdict. She claims that the court improperly set aside the verdict in light of (1) the implied admissions contained in the defendant’s answer and (2) the evidence presented to the jury. We agree with the plaintiffs second claim and, accordingly, reverse the judgment of the trial court.

The relevant facts in this slip and fall case are as follows. On March 23, 2002, the plaintiff…

2Cases cited20 opinions

  1. Casey v. GalliSupreme Court of the United States · 1877
  2. Mendillo v. Board of EducationSupreme Court of Connecticut · 1998
  3. State v. MejiaSupreme Court of Connecticut · 1995
  4. Novicki v. City of New HavenConnecticut Appellate Court · 1998
  5. Commissioner of Social Services v. SmithSupreme Court of Connecticut · 2003

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3Cited by9 opinions

  1. Mann v. ReganConnecticut Appellate Court · 2008
  2. Perez v. CumbaConnecticut Appellate Court · 2012
  3. Marsh-Monsanto v. St. Thomas-St. John Board of ElectionsSuperior Court of The Virgin Islands · 2014
  4. U.S. Bank, National Assn. v. MonchoConnecticut Appellate Court · 2021
  5. Birchard v. City of New BritainSupreme Court of Connecticut · 2007

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