green
Positive treatment
Quoted verbatim 2×
8.6 score
G Cite
cited 4× by 2 distinct cases, last quoted 1999 ·
…if there is room for a reasonable disagreement, the question should be submitted to the trier of fact . . . and not determined by the court on a motion to strike.
⚠ not in text
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
discussed
Cited "but see"
Walsh v. Nationwide Mutual Ins. Co., No. Cv95 0050665s (Apr. 9, 1998)
But see Hughes v. National Car Rental, 22 Conn. App. 586 , 590-91 , 577 A.2d 1132 , cert. denied, 216 Conn. 817 , 580 A.2d 63 (1990) (where assailant occupying rental car shot plaintiff while passing her car on highway, "operation" of rental car was nothing more than "means of access to the plaintiff's car and a means of escape"; therefore, operation of rental car was not proximate cause of plaintiff's injuries).
examined
Cited as authority (quoted)
Millaras Container v. S. Tinnerello Sons, No. 549462 (Aug. 4, 1999)
(2×)
if there is room for a reasonable disagreement, the question should be submitted to the trier of fact . . . and not determined by the court on a motion to strike.
examined
Cited as authority (quoted)
Anulis v. Saks Fifth Avenue, No. Cv 96 0152860 (Jan. 7, 1997)
(2×)
if there is room for a reasonable disagreement, the question should be submitted to the trier of fact . . . and not determined by the court on a motion to strike.
discussed
Cited "see"
State v. Norris
See State v. Johnson, 22 Conn. App. 477, 489 , 578 A.2d 1085 (defendant’s ‘‘obstreperous, uncooperative or belligerent behavior did not obligate the court to order a competency exami- nation,’’ particularly when defendant’s behavior showed he had ability to be cooperative but did not want to), cert. denied, 216 Conn. 817 , 580 A.2d 63 (1990); see also State v. Paulino, 127 Conn. App. 51, 66 , 12 A.3d 628 (2011) (‘‘although the defendant did admit that he often was confused by court procedures, a lack of legal expertise is not indicative of incompetence’’).
discussed
Cited "see"
State v. Crawley
See State v. Johnson, 22 Conn. App. 477, 489 , 578 A.2d 1085 (defendant’s “obstreperous, uncooperative or belligerent behavior” including refusal to return to court and hostility toward attorney did not require competency evaluation), cert. denied, 216 Conn. 817 , 580 A.2d 63 (1990).
discussed
Cited "see"
State v. Kendall
(2×)
See State v. Johnson, 22 Conn. App. 477, 488 , 578 A.2d 1085 (discussing defendant’s burden), cert. denied, 216 Conn. 817 , 580 A.2d 63 (1990).
discussed
Cited "see"
Fojtik v. Hunter
(2×)
See Hughes v. National Car Rental Systems, Inc., 22 Conn. App. 586, 588-89 , 577 A.2d 1132 , cert. denied, 216 Conn. 817 , 580 A.2d 57 (1990), citing W.
cited
Cited "see"
Laurel Beach Ass'n v. Zoning Board of Appeals of Milford
See Marino v. Zoning Board of Appeals, 22 Conn. App. 606, 610 , 578 A.2d 165 , cert. denied, 216 Conn. 817 , 580 A.2d 58 (1990), citing Molic v. Zoning Board of Appeals, supra, 164.
discussed
Cited "see"
State v. Johnson
See State v. Johnson, 22 Conn. App. 477, 489 , 578 A.2d 1085 , cert. denied, 216 Conn. 817 , 580 A.2d 63 (1990) (defendant’s “obstreperous, uncooperative or belligerent behavior” including refusal to return to court and hostility toward attorney did not necessarily indicate defendant’s incompetency); Commonwealth v. Logan, 519 Pa. 607, 623-24 , 549 A.2d 531 (1988) (refusal to cooperate with defense strategy and display of childish behavior at trial does not necessarily constitute incompetence).
cited
Cited "see"
State v. Rivera
See State v. Johnson, 22 Conn. App. 477, 481 , 578 A.2d 1085 , cert. denied, 216 Conn. 817 , 580 A.2d 63 (1990).
discussed
Cited "see"
State v. Jackson
See footnote 3, supra. II The defendant next challenges the trial court’s failure to instruct the jury on the issue of intent as it relates to the offenses of sexual assault in the first degree and sexual assault in the third degree. 7 This claim requires little discussion, as it is controlled by State v. Pierson, 201 Conn. 211 , 514 A.2d 724 (1986), and State v. Johnson, 22 Conn. App. 477 , 578 A.2d 1058 , cert. denied, 216 Conn. 817 , 580 A.2d 63 (1990).
discussed
Cited "see"
Carbone v. Vigliotti
See Marino v. Zoning Board of Appeals, 22 Conn. App. 606, 608-10 , 578 A.2d 165 , cert. denied, 216 Conn. 817 , 580 A.2d 58 (1990); Molic v. Zoning Board of Appeals, 18 Conn. App. 159, 164 , 556 A.2d 1049 (1989).
discussed
Cited "see, e.g."
State v. Glen S.
In that vein, we observe that, with respect to the interrelated issue of compe- tency to stand trial, our Supreme Court has held that a defendant’s incompetence to stand trial is not ‘‘demon- strated by his lack of legal competence to try his case skillfully.’’ State v. Wolff, 237 Conn. 633, 666 , 678 A.2d 1369 (1996); see also State v. Johnson, 253 Conn. 1, 30 , 751 A.2d 298 (2000) (citing State v. Johnson, 22 Conn. App. 477, 489 , 578 A.2d 1085 , cert. denied, 216 Conn. 817 , 580 A.2d 63 (1990), for notion that ‘‘defendant’s obstreperous, uncooperative or belligerent behavior…
discussed
Cited "see, e.g."
Crystal Lake Condo v. New England Eq., No. 558305 (Oct. 31, 2002)
(2×)
See e.g., Grey v. Coastal States Holding Co., 22 Conn. App. 497 , 578 A.2d 1080 , cert. denied 216 Conn. 817 , 580 A.2d 57 (1990); see also Caswell Cove Condominium Assn v. Milford Partners.
discussed
Cited "see, e.g."
Ferrary v. Behan, No. Cv97-0143377s (Sep. 7, 1999)
(2×)
The court may award court costs together with reasonable attorney's fees." The remedies authorized by this section "are to be `liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed, provided consequential, special or punitive damages may not be awarded except as specifically provided in [the act] or by other rule of law.' General Statutes § 47-212 (a)." Fruin v. The Collonade One at Old Greenwich Ltd., supra, 237 Conn. 131 -32; see also Grey v. Coastal States Holding Co., 22 Conn. App. 497 , 504 , 578 A.2d 1080 , cert…
Retrieving the full opinion text from the archive…
Waine A. Hughes
v.
National Car Rental Systems, Inc.
v.
National Car Rental Systems, Inc.
Supreme Court of Connecticut.
Sep 18, 1990.
Stewart M. Casper, in support of the petition., J. Kevin Golger, in opposition.
Published
Citer courts: Connecticut Superior Court (4)
The plaintiff’s petition for certification for appeal from the Appellate Court, 22 Conn. App. 586, is denied.