Tort Law Appellate Court Opinions - September 2009

Below are the tort law Appellate Court opinions issued in September 2009:

AC29834 — Mansfield v. A & M Automotive (“The plaintiff claims that the court improperly (1) concluded that the defendant did not violate General Statutes § 14-145a, (2) failed to find that the defendant was liable for conversion and (3) failed to find that the defendant’s actions constituted a violation of General Statutes § 42-110a et seq., the Connecticut Unfair Trade Practices Act (CUTPA).”)

AC30457 — Jarvis v. Lieder (“A constructive trust arises ‘when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,—as numberless as the modes by which property may be obtained through bad faith and unconscientious acts.’ (Internal quotation marks omitted.) Millard v. Green, 94 Conn. 597, 601–602, 110 A. 177 (1920). This appeal calls on us to determine whether the trial court properly classified the defendants’ actions as among those numberless instances of bad faith or unconscientious acts that warrant the imposition of a constructive trust.”)

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