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Spousal immunity is the doctrine which holds that one spouse (husband/wife) cannot sue another spouse (husband/wife).  The historical reason was that a lawsuit among spouses could destroy a family

Under current law, one spouse has the right to sue his or her spouse or former spouse. See Dzenutis v. Dzenutis, 200 Conn. 290, 294, 512 A.2d 130 (1986) (rule of spousal immunity has been abolished in Connecticut); Silverman v. Silverman, 145 Conn. 663, 666, 145 A.2d 826 (1958).

A common situation is when a spouse (spouse #1)  is hurt in a motor vehicle accident, which is caused by the other spouse (spouse #2).  The injured husband or wife can sue his or her spouse for injuries as a result of the accident.

 

If you have any questions, or I can be of further assistance, please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

The common law doctrine of parental immunity generally prevents unemancipated minors and their parents from suing one another for personal injuries caused by negligence.   See Ascuitto v. Farricielli, 244 Conn. 692, (1998).   A child generally cannot sue their parents, and parents cannot sue a child.   For this purpose, the age of majority is 18.  CGS 1-1d.

Emancipation is the legal process by which a child is freed from control of parents/guardians, and parents/guardians are freed from responsibility for a child.

The  Supreme Court has eliminated  parental immunity in two circumstances: (1) where the alleged negligence involves the parent’s business operations away from the home (Dzenutis v. Dzenutis, 200 Conn. 299 (1986)), and (2) where a child sues for sexual abuse, sexual assault, or sexual exploitation (Henderson v. Wooley, 230 Conn. 472, 486 (1994)).

Legislative changes have eliminated  the doctrine  in cases involving  negligence in the operation of a motor vehicle (1967 P.A. 596, codified at CGS § 52-572c), and with regard to aircraft and vessels (P.A. 79-5).

If you have any questions, regarding your rights, concerning a case involving a situation between a parent and child, please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

Do you have a problem settling a claim with an insurance company?

Insurance companies have a duty to settle valid insurance companies, within a reasonable amount of time, for a fair amount of money.

An insurance company can act in “bad faith” in many ways, including the following:

failing to offer a reasonable amount to settle a claim

failing to do an investigation to evaluate a claim

failing to acknowledge an outstanding claim

improperly denying coverage, when an insurance policy covers a claim

failing to provide an explanation for denial of a claim, or providing an improper reason for denial of a claim

failing to provide information, to assist in processing a claim

providing false information, in response to a pending claim.

 

 

If you are having difficulty with an insurance claim

Please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

An insurance agent and broker has a duty to use reasonable care to provide adequate and proper insurance coverage.

There are many situations in which an insurance agent may be negligent including the following:

1.   providing insurance in which there is a gap in coverage.  For example, a person has a primary auto insurance policy with coverage up to $100,000.  The person then gets an umbrella policy with coverage from $300,000 to $1,000,000.   There is a gap in coverage from $100,000 to $300,000.
2. providing coverage which does not fully cover a known risk of loss.   For example, if a house is totally destroyed and the insurance coverage is clearly inadequate to pay for rebuilding the house.
3. failing to advise as to a particular type of coverage.  In Connecticut, there is “conversion coverage” which covers certain situations in which there is a loss from another party who is underinsured.    For the added expense, most people would be wise to purchase conversion coverage.
4. failing to provide coverage after being asked to do so.   For example, a client may request auto insurance with collision coverage.  Collision coverage is designed to pay for the repair or replacement of the policy owner’s car in the event of an accident, no matter who caused the accident.  The most common situations occur in an accident in which a driver of the other vehicle has no insurance (uninsured driver) or you are in a one car accident (for example, accident in snow storm).    It is particularly important for an insured to have collision coverage if there is a large balance due on an auto loan, as the collision coverage will pay up to the value of the damaged vehicle.
5. failing to timely inform an insurance company of a claim, when reported by an insured.

If you have any questions concerning your insurance coverage, or a possible claim against your insurance agent/broker, please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

serving Hamden, New Haven County, and all of Connecticut

I am seeing more scams with regard to sales of a car or truck.

Often the car or truck is advertised on the internet, such as Facebook.   The truck is advertised in great condition at a good price.   The seller then negotiates the price down.

Watch out if the seller refuses to have the vehicle inspected.   The seller will demand cash or a certified check in return for transferring title to the vehicle, without an inspection.   Once the cash or check is given, the money is gone.  (It can be difficult to collect on a court judgment against the seller).

When the car or truck is inspected, the vehicle may not be drivable, or unsafe to drive.

To protect yourself

1.  Always ask for a copy of the title certificate.
2. Make sure that the title is in the name of the Seller
3. Get the address of the Seller.
4. Always buy from a local seller.
5. Check the VIN number on the vehicle, to make sure it matches the title certificate.  (You need to get the VIN number when you individually inspect the vehicle).
6. Run a Carfax history report
7. Have the car or truck inspected, by your own mechanic
8. Determine the value of the vehicle, before deciding to hand over any money.
9. Never wire money anywhere.   A seller should be able to deliver the vehicle to your door, and a seller should be able to pick up cash or a check in person.
10. If you don’t trust the seller, ask the seller to meet at the parking lot of the local police station.

Attorney Robert M. Singer
2572 Whitney Avenue
Hamden, CT 06518
203-248-8278
Serving New Haven County and all of Connecticut

In Connecticut, many people need to use Metro North to commute to work, typically in Manhatten,  Unfortunately, with such a complex rail system in place, accidents happen.

The accidents can be caused by many different factors.

“Organizational accidents” have multiple causes involving many people operating at different levels of their respective companies.

For a railway system, the factors include

• Lack of management safety commitment or focus
• Conflicts between production and safety goals
• Poor planning, communications, monitoring, control or supervision
• Unclear safety and administrative responsibilities
• Inadequate or improper training
• Failures by regulatory agencies

Ultimately, the management of Metro-North needs to ensure that safety is

a top priority.   Work needs to be done a timely manner, with consideration

to safety;  no shortcuts.

Line workers need to be able to speak to management about safety

concerns, without fear of being reprimanded.

There needs to be both short-term and long-range planning, to ensure

that the rail system works properly, without risk of disaster, such as a train

derailment.

Management can make an organizational chart, to show the

responsibilities of each person working for Metro-North.  To avoid

confusion, each worker needs to be provided with a detailed job description.

A special safety ombudsman can be used to ensure that there is a place for

workers to report safety issues, confidentially.

A management committee can supervise training, with a view to efficiency

and safety.

Metro-North should not have to rely on the government to verify that it is

doing its job, with regard to safety.

 

If you or someone you know has been injured in an accident, by Metro-North Commuter Railroad (MTA), please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

 

 

 

 

 

 

 

On February 29, 2018, I wrote about mutual funds juicing returns, by investing in FANG stocks.   I indicated that investors should adequately diversify their portfolio.

This week, we saw Facebook’s stock drop from approximately $217 a share, to $175 per share.   The stock price dived.

Twitter is another stock which had a terrible week, with a stock price dropping from approximately $43 per share to $34 per share.

We are on for a ride, and the ride is likely to be down    Netflix has a p/e ratio of 161.    To justify this price/earning ratio, earnings need to continue to go up as expected.   Any error and we will see Netflix do a Facebook dive.

The other risk is from a economic recession.  With a trade war looming, the risk of recession has increased dramatically.

If you have a claim against an investment advisor who failed to properly diversify your investments, please feel free to contact

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

serving Hamden and all of Connecticut

 

Lug nuts need to be properly installed, to prevent a tire from falling off.

There are two major things to do, in lug nut installation.

1.   Lug nuts need to be installed in a proper order.  Never start by tightening  the nuts next to each other.

The nuts are tightened in such a way that they are tightened across from each other.  For example, you tighten the top nut first, then the bottom nut second.  Then you tighten the right nut, and last the left nut.

2.   You want the nut to be tightened enough.  Therefore, use a torque wrench.

Also, complete the tightening of lugs when a vehicle is on the ground, rather than in the air.

Below is a web page explaining how to properly tighten lug nuts:

https://www.thoughtco.com/what-order-do-i-tighten-my-lug-nuts-281714

 

There are many situations in which a tire falls off, after being brought to a mechanic, because the mechanic failed to properly tighten the lug nuts.

 

If you have been involved in an accident as a result of a tire falling off, please feel free contacting

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

Serving Hamden, New Haven County and all of Connecticut

 

 

 

 

 

A debtor in a bankruptcy may have an asset which is subject to a security interest.  The asset, commonly a motor vehicle, is security for a loan, so the vehicle can be repossessed if payments are not made.

A Reaffirmation Agreement is an agreement between a debtor and a creditor, which is filed with the Bankruptcy Court.  With a Reaffirmation Agreement, a debtor is agreeing to pay off a particular debt owed to a creditor, although the debt would normally be discharged in bankruptcy.

The 2005 Amendments to the Bankruptcy Code change the requirements to keep such property.

There are two requirement:

1.   Under Section 521(a)(2)(A) to  a debtor has to state his or her “intention with respect to the retention or surrender of such property and, if applicable, specifying… that the debtor intends to redeem such property, or that the debtor intends to reaffirm debts secured by such property.”

2.   To comply with section 521(a)(6),9 the debtor must enter
into a reaffirmation agreement in order to “retain possession” and for the automatic stay to remain in effect. Similarly, under section 362(h)(1)(11) in order for the automatic stay to remain in effect, the debtor again must enter into a reaffirmation agreement

At least according to one Court, even if a Court fails to approve the Reaffirmation Agreement, as long as a debtor properly files a Statement of Intention and Reaffirmation Agreement, a bankruptcy automatic stay applies (which limits a creditor’s ability to repossess personal property).  See In re Baker, 400 B.R. 136 (District of Delaware, 2009).

If you have any questions concerning bankruptcy, please feel free to contact.

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

Serving Hamden, New Haven County and all of Connecticut

As the population continues to grow older, more people are in need of assisted living.   Often, there comes a point where a spouse or child is no longer able to care for an elderly person.  At this point, the tough decision is made to bring a parent to an assisted living community.

A parent or spouse is placed into an assisted living community to ensure that a person is properly taken  care of, and protected.

In too many situations, the elderly person gets injured at the assisted living center, due to the failure of the center to adequately protect the resident.

For example, a resident may be injured because of the improper administration of medication, or the failure to properly oversee a resident resulting in a fall.

If you or someone you know has been injured at an assisted living center, please feel free to contact.

Attorney Robert M. Singer

2572 Whitney Avenue

Hamden, CT  06518

203-248-8278

rsingerct@yahoo.com

serving New Haven County and All of Connecticut