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EAST HAVEN v. PARANTO

(2914)

2 Conn. App. 449 (1984)

TOWN OF EAST HAVEN v. FRANCIS PARANTO, SR.

Appellate Court of Connecticut.

Decision released August 21, 1984.

Attorney(s) appearing for the Case

Steven M. Reilly, with whom, on the brief, was Bruce L. Levin, for the appellant (plaintiff).

Sue L. Wise, for the appellee (defendant).

HULL, DUPONT and SPALLONE, JS.

HULL, J.

The plaintiff appeals1 from the court's dismissal of its complaint after the plaintiff, the town of East Haven, was unable, at the commencement of the trial, to produce its key witness. Because we conclude that, under the circumstances of this case, principles of fundamental fairness to the plaintiff outweigh a consideration of caseflow management, we find error in the dismissal of the plaintiff's case.

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