Beach v. Regional School District Number 13
In Beach v. Regional School District Number 13, 42 Conn. App. 542, 682 A.2d 118, cert. denied, 239 Conn. 939, 684 A.2d 710 (1996) there was a one count complaint, identical allegations of negligence against all three defendants, one counsel for all three defendants, identical answers and special defenses, the same insurance carrier and the same indemnification agreement for all three defendants.
On the basis of those facts, but recognizing that each defendant had a different duty, the court concluded that a jury could determine that each party was negligent but in a distinct manner and, therefore, there was no unity of interest. Beach v. Regional School District Number 13, 42 Conn. App. at 551.