Legal News You Can Use: Man’s Best Friend (?) and the Law

Dog with LeashThe state of Connecticut is very strict about the keeping of dogs.  In addition to requiring all dogs to be licensed and leashed, Connecticut has what is known as strict liability as to injury that may be caused by man’s best friend.  Section 22-357 of the Statutes provides:

“If any dog does any damage to either the body or property of any person, the owner or keeper … shall be liable for such damage except when such damage has been occasioned to the body or property of a person … who was committing a trespass or other tort or when the person was teasing, tormenting or abusing such dog.”

So, the law specifies that the dog has the right to defend its owner’s property against a trespasser and no one has the right to abuse a dog.  This is called Strict Liability, because if a dog causes harm, the victim does not have to prove that the dog was of “known vicious propensities” as is required in some states.  Or as it is known in those states, “the dog is entitled to its first bite.”

Connecticut’s Strict Liability law only applies to the owner or keeper of the dog.  However, victims of dog bites are not limited to the owner or keeper of the dog.  If the victim can show another person, e.g., a landlord, was aware of a known vicious dog kept by his tenant, the landlord could be held personally responsible, similar to the other states described above.  This is called the common law.

Insurance

Homeowner’s insurance has traditionally provided coverage for injuries caused by the owner’s dog.  However, with the growing popularity of special breed dogs, e.g., Pit Bulls, Rottweilers, Akitas, etc. more insurance companies are excluding such breeds from coverage or excluding all dogs completely.

Apartment dwellers can also obtain tenant’s insurance with the possibility of exclusions as in homeowner’s insurance.  Of course, where these are such exclusions, special endorsements to include dogs can be obtained, for an extra premium, of course.

Damages

The usual cases we see arise from dog bites which can be quite serious.  Risk of infection, even rabies is always a possibility – therefore any dog bite should be reported to the dog warden/animal control officer/police so the dog can be quarantined for the proper length of time.  Medical attention should be sought immediately, especially if the skin is broken.

Next the identity of the dog and its owner should be obtained – from its license and/or the Town Clerk.

Any witnesses should be identified and contact information be obtained.

Next, any injury should be photographed.  Frequently, we employ a professional photographer because scarring and disfigurement are difficult to portray accurately and realistically.

Cosmetic surgery may be required or recommended.  This may be problematic for children as surgery may have to wait until their teens.  Meanwhile, children must live with scars and disfigurement, which can be psychologically traumatizing.

There will be medical bills, which, if paid for by health care insurance, may have to be reimbursed.  Future medical costs also may have to be considered.

So although a dog may be man’s best friend, it’s usually your own dog, not the other guy’s dog.

Editor’s Notes: i) Attorney Matthew Shafner is a Director at Suisman Shapiro Attorneys-at-Law in New London, and a nationally recognized lawyer in the fields of personal injury, asbestos injury, maritime injury and workers compensation law. Contact him at mshafner@sswbgg.com or (860) 442-4416.
ii) Suisman Shapiro Attorneys-at-Law is the largest law firm in eastern Connecticut, serving the community for over 75 years with a wide range of legal services.  For more information, visit suismanshapiro.com or call 860-460-0875.  Suisman Shapiro is located a 2 Union Plaza, P.O. Box 1591, New London, CT  06320.

A Number of Nibbles: Strawberry Recipes Galore and Corn Chowder

#1

strawberries_compressedIt has been a pretty wonderful seven-day period. My daughter had given me tickets to see Bette Midler at the TD Center in Boston, along with a lovely room at the Onyx, right next to the arena. I took my daughter-in-law, Nancy, with me. We had a wonderful dinner at Bricco, walking distance to both hotel and Bette, loved the show, and had cocktails at 11 pm in the hotel lobby.

We slept ‘til 9:17 the next morning, then heading home, she via Amtrak to pick up her car at GE and I in my car to Connecticut.  (If you are a dog lover, Onyx, a Kimpton Hotel, not only allows pups in the rooms, but the manager’s own 100-pound-plus Alaskan malamute greeted all visitors and looked into my handbag to see if there was anything good to eat.)

On the way home, I stopped at Whittle’s in Mystic to buy strawberries, but it was not open and didn’t look like it has plans to do so.  I hope I am wrong.

Instead, I drove down to East Lyme and bought two quarts of gorgeous, ruby-red berries, hulled them, mashed about a quarter of them, added a little water and a little sugar. Four hours later I juiced the strawberries, used half of them along with rhubarb to make a crisp, and then froze the berries and juice separately for next winter.

As I mentioned last week, I will do that often before the season is gone.

I found two new recipes for the strawberries, both simple, as all recipes should be in the summer. I also found out that rhubarb can also be frozen easily: wash it, cut the bottoms and tops, slice the stalk into one-half to one-inch pieces and froze in plastic bags.

Strawberry Rhubarb Compote with Greek Yogurt
From Ina Garten Make It Ahead (Clarkson Potter, New York, 2014)

Yield: serves 4

1 pound fresh strawberries
2 cups fresh rhubarb, three-quarter-inch-diced
1 and one-half cups sugar
1 tablespoon freshly squeezed lemon juice
Pinch of kosher salt
1 teaspoon grated orange zest
17 ounces \Greek yogurt, for serving
Good granola

Hull the strawberries and cut them in half or. If large, in quarters. Place the berries and rhubarb in a small (9-inch) heavy-bottomed pot and heat over medium-high heat. Cook for 5 minutes, stirring occasionally, until the juices release from the fruit and start to boil. (Winter fruit doesn’t release as much juice as it does in the summer, so you may need to add one-quarter cup of water.) The fruit should still remain most of its shapes. Off the heat, stir in the sugar, lemon juice and salt and stir to combine. Cover pot tightly and allow preserves to sit overnight at room temperature.

The next day, bring the preserves to a boil, then lower heat and simmer for 10 to 15 minutes, until mixture thickens (it will be about 220 degrees on a candy thermometer. Stir in orange zest and serve warm or cold over Greek yogurt and sprinkled with granola.

Strawberry Sour Cream Sherbet

From Moosewood Restaurant Book of Desserts (Clarkson Potter, New York, 1997)

Yield: 6 to 8 servings

1 pint fresh strawberries, hulled and rinsed
Three-quarter cup sugar
1 cup sour cream
One-half teaspoon pure vanilla extract

In a food processor or blender, puree strawberries until smooth. Add sugar and whirl for another minute. For best flavor, refrigerate for about an hour. Stir sour cream and vanilla into the strawberries and whisk well until smooth.

Transfer to an ice cream machine and freeze according to manufacturer’s directions. Store in freezer in a covered container until ready to serve.

Note: the sherbet can be served straight out of the ice cream maker, but it keeps well in the freezer, too. If your freezer is particularly cold, let the sherbet soften a little, at room temperature or in the refrigerator before scooping it.

#2

Oh, summer is here and native strawberries are in. I haven’t bought them yet, but I will buy quarts during the next couple of weeks. I will come up with a new recipe for you in my next column.

In the meantime, here is how to freeze native strawberry juice so you can add it to those not-so-wonderful strawberries next winter: Take a quart of strawberries, wash them, hull them and cut them in half (or smaller if they are big), put them in a stainless steel bowl. Mash about a quarter of them, add maybe a quarter cup of sugar and about half a cup of water; stir the mixture. Put the bowl on the counter and let them marinate for a couple of hours. Pour the juice into little Mason-type jars. Put the lids on and freeze them.

When you buy those winter strawberries, thaw the juice and mix it with the berries. Close your eyes and pretend it is summer.

I did have my first fried oysters at Starboard Galley in Newburyport, Mass. Within days I will have my first lobster roll at Captain Scott in New London or, depending where I am, at Lobster Landing in Clinton. At Captain Scott’s, the roll goes to the geese or swans or gulls as I eat the lobster. I love gulls.

In any case, summer is here. This afternoon I thawed (and drained) about a pound of sweet corn kernels I had frozen last summer. I cooked a corn chowder I hadn’t made in years. It was absolutely delicious. I still have about five or six pounds of corn and will make this often until it’s time for native sweet corn, maybe four weeks from now?

Corn Chowder
Adapted a lot from an 1964 edition of Joy of Cooking

corn-chowder_compressedOne of the best things about this recipe is there is no butter or heavy cream in this recipe. Sure, some salt pork for flavoring, but this is pretty healthy after all.

Yield: serves 6 to 8 as a main dish with a salad and maybe some good bread

2 tablespoons olive oil
6 to 8 ounces salt pork, diced
one-half cup chopped onions
one-half cup chopped celery
1 green pepper, seeded and chopped
1 and one-half cups peeled diced raw potatoes (with Yukon Gold, you needn’t peel)
2 cups water
one-half teaspoon salt
one-half teaspoon paprika
1 bay leaf
3 tablespoons flour
1 cup milk*
6 to 8 ears of fresh corn, blanched for 2 minutes in boiling water, then drained in iced water
3 cups hot milk*
chopped fresh tarragon (fresh tarragon if you have it, dried if you don’t)
salt and pepper to taste

Pour oil into a heated heavy-bottomed stock pot, add salt pork and saute until browned. Add onions, celery and green pepper and saute until lightly brown, Add potatoes, water, salt, paprika and bay leaf and simmer until potatoes are soft, around 15 minutes. Add flour and 1 cup of milk and stir until mixture is thick.

Remove kernels from ears and add kernels to stock pot, along with hot milk. Toss fresh chopped tarragon into soup. Taste and adjust for seasoning.

*I used 2 percent milk, but 1 percent might be fine

#3

One of the most amazing about cooking is learning how little you actually know, or how much you can still learn. Last Sunday I went to the Gordons for leftovers. I have already said, in print, that going to Michael and Joan’s  for leftovers is better than having dinner at my house before leftovers.

Among the leftovers were chicken filled with pancetta and cheese, a scalloped potato dish with fresh mussels (trust me, it was luscious) and a fava bean and chickpea salad.

Flossie Betten had brought  a yeast bread with onions, black olives, chopped tomatoes and dried chiles that was terrific, but even better was her strawberry-rhubarb pie made just for us. I make that, too, but hers was way better.

The pie was a one-crust dessert, filled with the filling and topped with a crumble. Here are the differences: the crust was an all-butter one with the addition of a little sugar and cold buttermilk (instead of water.)

For the topping she added shredded coconut instead of nuts. She added some of the topping into the filling. For the filling, she added brown sugar and granulated sugar and some cornstarch.

Now, I make my crust in my food processor. I quadruple the recipe of my topping and freeze most of it in little baggies. I am going to give you the recipes for the filling and the topping.

Please e-mail me at leeawhite@aol.com for her crust recipe and my own, which Deb Jensen gave to me years ago

Strawberry-Rhubarb Filling and Topping
From Flossie Betten of Norwich

Filling

3 cups one-inch thick slices rhubarb (about 1 pound)
1 pound strawberries, hulled and sliced in half
One-third cup light brown sugar
One-half cup granulated sugar
One-quarter cup cornstarch
Large pinch salt
2 tablespoons fresh lemon juice

In a medium bowl, toss together all the ingredients. Toss until all the fruit is covered in a coating of sugar and cornstarch. The cornstarch will disappear and the sugars will begin to make juice with the fruit. Allow to rest at room temperature while you make the toppings.

Topping

Three-quarter cup all-purpose flour
Three-quarter cup old-fashioned oats
Two-third cup granulated sugar
Large pinch of salt
8 tablespoons cold unsalted butter, cut into small chunks
One-half cup unsweetened coconut flakes

In a medium bowl, whisk together flour, oats, sugar and salt, Add cold butter chunks and, using your fingers, work the butter into the flour mixture. Quickly break the butter into the mixture until well incorporated. Some butter bits will be the size of peas and smaller. Add the coconut and toss to combine.

Preheat oven to 400 degrees. When the crust is in the pie pan, add a handful (about one-half cup) of topping into the fruit filling and toss. Dump the fruit mixture into the pie crust. Top generously with topping mixture. Place on a preparing baking sheet. ( I put the baking sheet in the oven while preheating to give the bottom of the pie a bit of a searing.) It is important to use the middle rack because if the pie is too close to the top of the oven, the coconut will burn quickly.

Bake in a preheated 400 degree oven for 20 minutes, then reduce heat to 350 degrees and bake for another 35 to 45 minutes, or until the pie is juicy, bubbling and golden brown.

(Please e-mail me at leeawhite@aol.com for two crust recipes. Also, Oronoque makes an incredible frozen pie crust. I have at least three of them in my freezer at all time.)

A Number of Nibbles: Places to Go – Chester Farm Market, St. Sophia’s Greek Festival & JAMMS

#1

Chester Farm Market
Sundays, from 10 a.m. to 1 p.m., June 2 through October 2

Chester sunday marketI know summer is here when the Chester Farm Market opens, I missed the first, but I will be there every Sunday ‘til fall. This year they have closed Main Street, there is music and the tents are full of gorgeous food and incredibly nice people. Friends and I spent almost an hour there (my friends say it takes that long because I have to pet every dog there, and there were quite a few).

This year, in addition to produce, there is a dairy with fresh milk (in bottles!) and the most delicious yogurt you’ve ever tasted. At the Hay Person’s tent, there were beautifully flowers and handmade jam. There was lots of honey, a lot of lettuces and seafood.

The amazing thing, to me, was the bread. Howard Kaplan had not only baguettes but bialys. Joan and I bought all that were left.

I got two boules from Alforno’s Bob Zemmel and Linda Guica (some of which we ate with fresh radishes, salt and butter at home). At Simon’s Market, we shared mozz, tomato and basil sandwiches on salt-encrusted bread that was chewy enough to give our teeth a workout. And Charlie van Over wasn’t even there with his incredible baguette. We are one fortunate shoreline denizens.

#2

St. Sophia’s Greek Orthodox Church Festival

st sophia NewLondonSome years ago the congregants of New London’s St Sophia Greek Orthodox Church had a serious problem: the church’s needed a new roof and the cost was mighty expensive. Their solution was to have two Greek Festivals instead of its annual fundraiser in order to help raise money to pay for the new roof.

Because both were so successful, there are now two festivals each year. I have never missed one, although I know people who go six times at each of the festivals, from lunch on Wednesday until the last on Friday night.

In June I went with friends. I had lemon chicken soup, moussaka, spanakopita and one cookie.

I never eat the stuffed grape leaves because they are simply not as good as those made by my daughter-in-law and her mother. I have made it myself with their recipe. If you e-mail me (leeawhite@aol.com), I will send the recipe to you.

And if you know where I can find real grape leaves (instead of the jarred ones), I will be forever grateful.

#3

J.A.M.S.S.
1522 Boston Post Road
Old Saybrook, CT 06475
860-510-0839

jamss_fruit_3I do head south quite a few times during the week on I-95, though rarely on weekends in the summer. I had errands to run and decided to have lunch at J.A.M.S.S in Old Saybrook.

Ooops, it had moved, but not too far away. It now has a much bigger kitchen and dining room and serves breakfast all day. (By the way, their breakfasts may be better than those at Kitchen Little.)

But it was lunch. The menu and specials are fabulous, and I chose a soup and half a sandwich—the former cream of mushroom and the latter curried chicken salad with halved grapes. For a side I opted for macaroni salad.

Everything at J.A.M.S.S is housemade, by the way. The sandwich was the best ever, as was the macaroni salad (almost as good as Gloria Pepin’s recipe). But the mushroom soup was pure heaven. I asked to buy a pint to take home; sadly, I had gotten the last bowl and there was not a soupcon left.

Service was terrific: pleasant and knowledgeable waitstaff, including a 6’8” waiter who just finished his freshman year at Kenyon College. And, yes, he does play basketball.

 

Reading Uncertainly? ‘Amnesia’ by Peter Carey

Amnesia by Peter CareyPeter Carey’s latest view of our future is either ominous or optimistic. I’m inclined to the optimistic — good on ya, mate!

And how could I not read this novel, since the lead character is named “Felix”?

Felix Moore is an aging, cantankerous, left-leaning newspaperman, who is caught in the middle of an international computer hack, the “Angel Worm,” purportedly engineered by the daughter of an old friend.

He is “commandeered” into writing a biography of the young lady to try and help her escape both prison and expatriation to the United States.

First, Carey’s words are a colloquial and colorful evocation of Oz. Back in 1988, my wife and took a four-month sabbatical to Sydney, and, to prepare for it, I read an Australian history and some of its novelists. First on the list: Oscar and Lucinda, Carey’s 1988 winner of the Booker Prize, and that naturally led to reading, over the ensuing years, nine more of his works. I’m hooked.

In the 40 years covered by this story, Amnesia opens up a more complex Oz. I’ve been to Brisbane, Sydney and Melbourne, walked their streets and beaches like Baudelaire’s loyal flaneur. I’ve strolled alongside the Yarra River, rowed and sailed on Sydney Harbor, chartered a powerboat on the Hawkesbury River, lived in Neutral Bay and Mosman.

The places in this novel recall many scenes. But it requires frequent checking of local state maps for Victoria and New South Wales: have you heard of Katoomba, Coburg, Rozelle, Wodonga, Pittwater, and Wiseman’s Ferry? I had to look them up …

And strange birds interrupt conversations: magpies (including a robotic one!), kookaburras, whipbirds, lorikats, king parrots, butcherbirds, pelicans and cockatoos. Sounds from trees, too. Australia is a noisy country.

Underlying this tale is computer hacking, “…  a new type of warfare where the weapons of individuals could equal those of nation states.” Edward Snowden is the most obvious recent example, along with the Sony releases, following Julian Assange.

Carey seems to suggest that this may be the wave of the future. He shifts back and forth from the first to the third person, never uses quotation marks, and hits the reader with short, punchy chapters of two to four pages. And throughout is a latent skepticism of the United States and its continuing intercessions around the world. John LeCarre has also drifted in this direction.

He writes of the elusive and complex young woman hacker, “She was born into the Anthropocene age and easily saw that the enemy was not one nation state but a cloud of companies, corporations, contractors, statutory bodies whose survival meant the degradation of water, air, soil, life itself.” The ominous implication — elusive, ubiquitous malware, worming its way into every nook and cranny of our lives.

On the other hand, can anyone or any state hide anything any more?

Oh yes, I did learn how to pronounce the name of Gough Whitlam, Australia’s prime minister in 1975. It sounds like “cough!”

The Economist thinks Amnesia may corral Carey a third Booker Prize this year, following Oscar and Lucinda and True History of the Kelly Gang. Read any or all of his books.

Editor’s Note: Amnesia by Peter Carey was published by Alfred A, Knopf, New York 2015

Felix Kloman_headshot_2005_284x331-150x150About the author: Felix Kloman is a sailor, rower, husband, father, grandfather, retired management consultant and, above all, a curious reader and writer. He’s explored how we as human beings and organizations respond to ever-present uncertainty in two books, ‘Mumpsimus Revisited’ (2005) and ‘The Fantods of Risk’ (2008). A 20-year resident of Lyme, he now writes book reviews, mostly of non-fiction that explores our minds, our behavior, our politics and our history. But he does throw in a novel here and there. For more than 50 years, he’s put together the 17 syllables that comprise haiku, the traditional Japanese poetry, and now serves as the self-appointed “poet laureate” of Ashlawn Farms Coffee, where he may be seen on Friday mornings. His wife, Ann, is also a writer, but of mystery novels, all of which begin in a bubbling village in midcoast Maine, strangely reminiscent of the town she and her husband visit every summer.

Talking Transportation: The End Did Not Justify the Means

As someone who has battled two decades for more spending on transportation, you’d think I would be happy with the state’s new biennial budget.  But when you drill down into the details, there’s reason for concern.

Governor Malloy promised a down-payment on his $100 billion transportation dreams.  And he did get one-half of one percent of the state sales tax repurposed for that … but it only pays down the Connecticut Department Of Transportation’s  enormous debt service.

That must have come as a surprise to his recently appointed Transportation Funding Task Force which is just getting started.  Why have a taskforce when you’re playing a shell game with transportation funds?

Not kept was the Governor’s promise for a “lock box” on the Special Transportation Fund.  Nor did he keep his promise to not raise taxes, having the chutzpah to blame the legislature for that when it was very clear that the budget’s new taxes were negotiated by his team with his blessing.  As the Governor signs the new budget into law, he owns those hikes and broken promises.

There will be tax hikes on the middle class, sin taxes (cigarettes and Keno – a tax on ignorance) and corporations.  You know it’s bad when GE, Aetna and Travelers all scream in pain, though they’ll doubtless be paid off to stay put just as UBS was paid $20 million years ago.

Any budget that narrowly passes the House 73-70 and the Senate 19-17 in an “emergency vote” without debate bears closer scrutiny, especially in a state with one party so clearly in control.

CT-N’s coverage of the marathon two-day final session showed lawmakers who were deliberately sleep deprived, kept at their desks all night debating measure after measure until they were exhausted.   Sleep deprivation is a great interrogation technique for terrorists but no way to pass new laws.

I am told that Democrats who did not toe the party line on this budget and threatened to vote “no,” were told to “go home,” rather than cast a negative ballot.  Indeed, in the final House tally eight lawmakers did not vote, some because they were said to be “sick,” others because they were “absent on other business.”  What legislator misses the final ballot on a two-year, $40 billion budget that passes by a single vote?

So divisive was the final debate, the Governor didn’t even have the guts to speak to lawmakers after the budget session ended, a long-standing tradition.

I have respect for the office of Governor, but also believe strongly in open, transparent government “of the people, by the people.”  Beware the tyranny of any one party when majority power is so brazenly wielded and the public ignored.  Governor Malloy did deliver on his promise to start funding long-neglected transportation projects.  I just disagree with the way he did it.

Keep your eyes on the prize but embrace the process.  Whatever good came out of this year’s budget process, those ends did not justify the means.

Jim Cameron

Jim Cameron


About the author:
 Jim Cameron is founder of The Commuter Action Group, and a member of the Darien RTM.  The opinions expressed in this column are only his own.  You can reach him at CommuterActionGroup@gmail.com   For a full collection of “Talking Transportation” columns, see www.talkingtransportation.blogspot.com