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Kowalyshyn v. Leconche

Superior Court of Connecticut, Judicial District of Hartford, Hartford

October 29, 2015

Kathleen Kowalyshyn, Administratrix, Est. of Andrezej Jan Szumilas
v.
Thomas Leconche et al

Filed Date November 2, 2015

MEMORANDUM OF DECISION RE MOTION TO ENFORCE SETTLEMENT AGREEMENT

PETER EMMETT WIESE, JUDGE

I

Procedural History

This is a civil action which arises out of a motor vehicle accident on June 16, 2011, involving two motorcycles and an automobile. The only remaining defendant is Ms. Lisa Lavado. Ms. Lavado contends that she resolved all claims brought against her by the estate. She seeks a court order to enforce the settlement.

An evidentiary hearing was held on June 18, 2015. At the hearing, the parties provided the testimony of witnesses, exhibits and stipulations of fact. Thereafter, the parties filed post-hearing briefs and proposed findings of fact.

II

Discussion

A. Facts

The court finds the following facts from the stipulations and credible evidence presented at the June 18, 2015 hearing:

1. Jury selection began on December 11, 2014. Attorney Mark Kochanowicz of Trantolo & Trantolo was present for the plaintiff, Kathleen Kowalyshyn, Administratrix of the Estate of Andrzej Jan Szumilas. Walter Szumilas, the decedent's father, was present. Attorney Brian Tetreault of the Law Office of Meehan, Turret & Rosenbaum was present for the defendant, Lisa Lavado.

2. Jury selection was scheduled to continue on December 12, 2014. Attorney Mark Kochanowicz of Trantolo & Trantolo was present for the plaintiff. Attorney Brian Tetreault of the Law Office of Meehan, Turret & Rosenbaum was present for the defendant, Lisa Lavado. Walter and Elzbieta Szumilas were not present in court on this date.

3. By December 12, 2014, the parties selected five jurors.

4. On December 12, 2014, counsel for parties entered into negotiations with the court, Wiese, J.

5. This case arises out of a motor vehicle accident on June 16, 2011, involving two motorcycles and an automobile. The automobile was operated by Lisa Lavado. One motorcycle was operated by the decedent, Andrzej Jan Szumilas, and Megan K. McManus was his passenger. The other ...


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