Advance Release Opinions – Appellate Court – September 21

Reviews of Connecticut Appellate Court advance release opinions about divorce, professional negligence (legal malpractice), and worker’s compensation.

Divorce

Varoglu v. Sciarrino – Appellate Court affirmed trial court’s finding that Varoglu bought a condominium in Colorado for herself with proceeds of a loan secured by the marital home in Westport and trial court’s division of the equity in the marital home.

Professional Negligence (Legal Malpractice)

Dubinsky v. Black – Dubinsky claimed that Black failed to inform him that accepting a plea deal in his criminal case would preclude him from suing the police for malicious prosecution. Black denied any failure to inform, and asserted that Dubinsky could not win any malicious prosecution claim in any event because the police had probable cause for the arrest. Trial court granted Black summary judgment. Appellate Court affirmed, finding that (1) malicious prosecution depends on absence of probable cause; (2) the police had probable cause; and (3) the fact that Dubinsky might have been able to successfully defend the criminal charges does not mean that the police lacked probable cause.

Worker’s Compensation

Dahle v. The Stop and Shop Supermarket Company, LLC – Dahle claimed that she was entitled to temporary total disability benefits without the social security offset because an improper prior decision and negligence in handling her claim had delayed her treatment, which was the only reason she was subject to the offset. Appellate Court affirmed board, finding that (1) board properly declined to consider “past incorrect evidence” and “new evidence” about the prior decision because that decision became final when Dahle failed to appeal it to the Appellate Court; (2) contrary to Dahle’s contention, commissioner never found that her treatment had been delayed; and (3) social security offset cannot be waived.