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

CourtConnecticut Superior Court

DecidedMarch 31, 1998

DocketNo. 402587

StatusUnpublished

This text of 1998 Conn. Super. Ct. 3333 (Barros v. Avis Rent-A-Car, Inc., No. 402587 (Mar. 31, 1998)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The parties do not disagree that the only authorized driver was Costa Cosme.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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The parties do not disagree that the only authorized driver was Costa Cosme.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

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1998 Conn. Super. Ct. 3333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barros-v-avis-rent-a-car-inc-no-402587-mar-31-1998-connsuperct-1998.

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