Connecticut Breach of Contract for Unpaid Pension Benefits

A Connecticut volunteer firefighter was wrongfully expelled from a fire company after he complained that pension benefits to which he was entitled were not properly credited to him. The volunteer fire company had the duty to keep accurate attendance records of plaintiff's responses to fires and ambulance calls. The attendance records were used to credit firefighters and volunteer ambulance personnel with pension benefits. Attendance records were missing, those that were found were incorrect; some were altered. After an 11-day trial, a Connecticut jury found that the fire company and the local municipality, which was the pension plan administrator, breached its contract with the firefighter and was negligent in recording his attendance at fire and ambulance calls. The jury awarded the firefighter $72,000 for the loss of his pension and other benefits.

New York Real Estate Dispute

After a 13-day trial, a New York jury verdict rejected a claim to ownership and use of a portion of our client's real property. The claim had been based on the principles of "adverse possession" or "prescriptive easement." These involve rights that can accrue over time when owners are inattentive to the use and occupation of their property by others.

Connecticut Fraud and Contract Claim

 We settled a Connecticut case for fraud and breach of contract in which our client received over twice the amount originally claimed in the suit. Although that might seem improbable, our client also sued for "punitive damages." Under Connecticut law, punitive damages are generally limited to paying the other side's attorneys' fees and costs. These would have increased if the case had gone to trial, putting the defendant at a greater risk of loss.

New York Employment Defamation Claim

We settled a New York case brought by our client, a professional chef, against his corporate employer, its owner and its managers for defamation. Our client was falsely accused and then dismissed for stealing wine from the private collection of a celebrity guest at a catered event.

Connecticut Unfair Trade Practices Act

We successfully brought suit against a home improvement contractor who contracted to build an extension to our client's house and then failed to complete the renovation. The home improvement contractor's work was also so shoddy that a substantial portion of the renovation had to be dismantled and rebuilt by another contractor.

Rogers & Tartaro, LLP