MURPHY v. WAKELEE

(SC 15838)

247 Conn. 396 (1998)

MICHELLE MURPHY, CONSERVATOR (ESTATE OF PAUL SYLVAN) v. GEORGE WAKELEE

Supreme Court of Connecticut.

Officially released December 29, 1998.


Attorney(s) appearing for the Case

A. Paul Spinella, with whom, on the brief, was Christian J. Moran, for the appellant (plaintiff).

James E. Coyne, with whom, on the brief, was Colleen D. Fries, for the appellee (defendant).

Borden, Norcott, Katz, Palmer and Peters, Js.


Opinion

KATZ, J.

In this certified appeal we must decide whether, when breach of a fiduciary duty has been alleged, the burden to prove fair dealing by clear and convincing evidence shifts to the defendant in cases that do not involve claims of fraud, self-dealing or conflict of interest. We conclude that unless the allegation involves such claims, the burden does not shift.

The Appellate Court opinion...

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