127 Conn. App. 651
Conn. App. Ct.2011Background
- Plaintiffs Burton and Burton filed a 2003 complaint alleging officer Grabinski's negligence caused Burton's injuries and city liability for the city's agent.
- In 2004, Grabinski sued Burton; the city intervened in that action.
- Burton and Grabinski agreed to arbitrate all damages claims against Burton.
- On May 19, 2006, the arbitrator found Burton responsible for the accident and awarded damages to Grabinski, which the court confirmed.
- Meanwhile, Burton's action against the city proceeded to trial but did not reach the jury; after arbitration, the city moved for summary judgment on collateral estoppel grounds, which the trial court granted; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral estoppel bar to Burton's claim | Burton argues estoppel exceptions apply | City argues Burton's liability finding precludes the suit | Affirmed: collateral estoppel bars Burton's claims; no exceptions apply |
Key Cases Cited
- Burton v. Stamford, 52 Conn.Supp. 1, 17 A.3d 543 (2010) (2010) (prior related determination relied on by court)
- Woodruff v. Hemingway, 297 Conn. 317, 2 A.3d 857 (2010) (2010) (affirmation of decision standards and efficiency rationale)