Barros v. Avis Rent-A-Car, Inc., No. 402587 (Mar. 31, 1998)

Connecticut Superior Court

Barros v. Avis Rent-A-Car, Inc., No. 402587 (Mar. 31, 1998)

1998 Conn. Super. Ct. 3333

Connecticut Superior Court·Decided March 31, 1998·No. No. 402587·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The parties do not disagree that the only authorized driver was Costa Cosme. The operative complaint alleges that the driver was Pedro Aponte. This is a judicial admission of a material fact CT Page 3334 by the plaintiff which she cannot now dispute. Bower v. D'Onfro,38 Conn. App. 685, 705-706, 663 A.2d 1061, cert. denied,235 Conn. 911, 912, 665 A.2d 606 (1995). Moreover, the plaintiff's affidavit does not controvert this admission such as to create a material issue of fact; there is no evidence before the court from which a trier could reasonably infer that the operator was Costa Cosme. The motion for summary judgment is granted.

Bruce L. Levin Judge of the Superior Court

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The parties do not disagree that the only authorized driver was Costa Cosme. The operative complaint alleges that the driver was Pedro Aponte. This is a judicial admission of a material fact CT Page 3334 by the plaintiff which she cannot now dispute. Bower v. D'Onfro,38 Conn. App. 685, 705-706, 663 A.2d 1061, cert. denied,235 Conn. 911, 912, 665 A.2d 606 (1995). Moreover, the plaintiff's affidavit does not controvert this admission such as to create a material issue of fact; there is no evidence before the court from which a trier could reasonably infer that the operator was Costa Cosme. The motion for summary judgment is granted.

Bruce L. Levin Judge of the Superior Court

Barros v. Avis Rent-A-Car, Inc., No. 402587 (Mar. 31, 1998), 1998 Conn. Super. Ct. 3333 (Colo. Ct. App. 1998).

Pincite

1998 Conn. Super. Ct. 3333 (Barros v. Avis Rent-A-Car, Inc., No. 402587 (Mar. 31, 1998)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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