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Hurley v. Sheet Metal Manufacturing Co., Inc.

Appellate Court of Connecticut
Feb 21, 1990
572 A.2d 390 (Conn. App. Ct. 1990)

Opinion

(8140)

Argued February 9, 1990

Decision released February 21, 1990

Action to recover damages for personal injuries sustained as a result of the defendant's alleged negligence, brought to the Superior Court in the judicial district of Waterbury and referred to Hon. James Healey, state trial referee, who denied the plaintiffs application for a prejudgment attachment on certain real property owned by the defendant Carol Panasci, and the plaintiff appealed to this court. No error.

Laura M. Mooney, for the appellant (plaintiff).

Paul C. Fassler, for the appellee (defendant).


We have fully considered the plaintiff's claims of error. Our role in reviewing the decision of the trial court on a prejudgment remedy motion is very circumscribed. Babiarz v. Hartford Special, Inc., 2 Conn. App. 388, 393, 480 A.2d 561 (1984). Unless there is clear error, the court's factual and legal determinations must stand. Id., 394. The court in this case determined that the plaintiff did not establish probable cause as to liability based on negligence and, impliedly, that the lease provision relied on by the plaintiff did not constitute a third party beneficiary contract in favor of the plaintiff based on liability without fault. We cannot say that the court committed clear error in these determinations.


Summaries of

Hurley v. Sheet Metal Manufacturing Co., Inc.

Appellate Court of Connecticut
Feb 21, 1990
572 A.2d 390 (Conn. App. Ct. 1990)
Case details for

Hurley v. Sheet Metal Manufacturing Co., Inc.

Case Details

Full title:ROBERT J. HURLEY v. SHEET METAL MANUFACTURING COMPANY, INC., ET AL

Court:Appellate Court of Connecticut

Date published: Feb 21, 1990

Citations

572 A.2d 390 (Conn. App. Ct. 1990)
21 Conn. App. 805

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