DocketNumber: No. CV89 0101002 S
Citation Numbers: 1990 Conn. Super. Ct. 1037
Judges: LEWIS, JUDGE
Filed Date: 8/22/1990
Status: Non-Precedential
Modified Date: 4/18/2021
The case was referred to a fact-finder, Attorney Barbara A. Lavoy, Practice Book 546B et seq., who found that the plaintiff was negligent and performed its painting services in an unworkmanlike fashion, primarily because it failed to adequately waterproof the defendant's building. CT Page 1038
Accordingly, the fact-finder recommended that judgment enter for the defendant on the plaintiff's complaint, and for the defendant in the amount of $1,950 on its counterclaim.
The plaintiff has filed a "motion to correct" which actually pertains only to the attorney trial referee program. Practice Book 438. However, I have treated this motion as an objection to the acceptance of the fact-finder's report pursuant to Practice Book 546H.
The fact-finder's recommendations are accepted and judgment may enter for the defendant in accordance with her report. As was said in Wilcox Trucking, Inc. v. Mansour Builders, Inc.,
The fact-finder determined that the plaintiff performed its contract in a negligent and unworkmanlike manner. I do not believe there is any reason to substitute my own findings for those of the fact-finder. She found the testimony of the witness for the defendant, particularly one John Davies, defendant's expert, more credible than that of the plaintiff's witnesses. The fact-finder heard the witnesses and, according to Faulkner v. Marineland, Inc.,
SO ORDERED.
Dated at Stamford, Connecticut this twenty-third day of August, 1990.
WILLIAM B. LEWIS, JUDGE