Kapoor v. Farrone, No. Cv00-0375126 (Oct. 7, 2002)

Connecticut Superior Court

Kapoor v. Farrone, No. Cv00-0375126 (Oct. 7, 2002)

2002 Conn. Super. Ct. 12928

Connecticut Superior Court·Decided October 7, 2002·No. No. CV00-0375126·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (#113) The defendant's motion for summary judgment (#113) as to the first count of the plaintiff's complaint is denied. General Statutes § 22-357 imposes strict liability on a defendant if " (1) damage was done to the plaintiff's person by the dog, (2) at the time of such damage, the plaintiff was not committing a trespass or other tort, or was not teasing, tormenting or abusing the dog, and (3) the defendant [was] its keeper." Malone v. Steinberg, 138 Conn. 718, 722, 89 A.2d 213 (1952). A "keeper" is defined as "any person, other than the owner, harboring or having in his possession any dog." General Statutes § 22-327. "[T]he determination of whether [a party is] a keeper [as that term is used in § 22-357] is a question of fact." Murphy v. Buonato, 42 Conn. App. 239,242, 679 A.2d 411 (1996), aff'd, 241 Conn. 319, 322, 696 A.2d 320 (1997). Both parties have submitted evidence on this issue, and the court finds that genuine issues of fact remain unresolved.

___________________, J. GALLAGHER CT Page 12928

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (#113) The defendant's motion for summary judgment (#113) as to the first count of the plaintiff's complaint is denied. General Statutes § 22-357 imposes strict liability on a defendant if " (1) damage was done to the plaintiff's person by the dog, (2) at the time of such damage, the plaintiff was not committing a trespass or other tort, or was not teasing, tormenting or abusing the dog, and (3) the defendant [was] its keeper." Malone v. Steinberg, 138 Conn. 718, 722, 89 A.2d 213 (1952). A "keeper" is defined as "any person, other than the owner, harboring or having in his possession any dog." General Statutes § 22-327. "[T]he determination of whether [a party is] a keeper [as that term is used in § 22-357] is a question of fact." Murphy v. Buonato, 42 Conn. App. 239,242, 679 A.2d 411 (1996), aff'd, 241 Conn. 319, 322, 696 A.2d 320 (1997). Both parties have submitted evidence on this issue, and the court finds that genuine issues of fact remain unresolved.

___________________, J. GALLAGHER CT Page 12928

Kapoor v. Farrone, No. Cv00-0375126 (Oct. 7, 2002), 2002 Conn. Super. Ct. 12928 (Colo. Ct. App. 2002).

Pincite

2002 Conn. Super. Ct. 12928 (Kapoor v. Farrone, No. Cv00-0375126 (Oct. 7, 2002)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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