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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Sheridan v. Desmond, 45 Conn. App. 686 (1997)

Citation
Sheridan v. Desmond, 45 Conn. App. 686 (1997)
Parent Document
Sheridan v. Desmond, 45 Conn. App. 686 (1997)
Jurisdiction
Connecticut (state)
Effective Date
1997-07-15

Other Sections in This Document (39)

Full Text

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Application of these factors to the present case militates against a finding that Desmond’s tortious acts were taken in the ordinary course of partnership business. First, Desmond’s tortious actions are not the “kind of thing” a partner would do. The plaintiffs argue that “the eviction of tenants is in the ordinary course of business of real estate owners.” That may be true, and Desmond and the defendant did institute a summary process action to evict the plaintiffs from the property. An attempt at an illegal, forceful eviction, however, accomplished by erecting barriers to prevent egress from fire exit doors is not the “kind of thing” a partner would do. Second, Desmond’s actions did not occur within the geographic limits of the partnership. The barriers erected were not on the property owned by the partnership; rather, they were located on the property at *69541 Perry Avenue. Finally, the plaintiffs failed to present evidence that Desmond’s actions were motivated by a purpose to serve the partnership. At trial, the plaintiffs opined that the only apparent reason for the erection of the barriers was to block their egress from the exit doors. They further testified that their relationship with Desmond had deteriorated and they believed he was acting out of vindictiveness. Moreover, when asked if Desmond’s actions benefited the property located at 25 Perry Avenue, the plaintiff Shawn Desmond responded in the negative. “[A]n intentional and wilful attack committed by [one partner], to vent his own spleen or malevolence against the injured person, is a clear departure from his employment and his principal or employer is not responsible therefor.” Vrabel v. Acri, 156 Ohio St. 467, 474, 103 N.E.2d 564 (1952).