Fusario v. Cavallaro
Connecticut Supreme Court of Errors
142 A. 391, 108 Conn. 40 (1928)
- Written by Sarah Hoffman, JD
Facts
Angelo Cavallaro (defendant) was attacked by Frank Fusario. Frank’s brother, Joseph Fusario (plaintiff) was not present at the time of the assault. Cavallaro told a policeman that Joseph was the attacker. Later, both Joseph and Frank were prosecuted by the state for the attack on Cavallaro. Cavallaro was subpoenaed to testify. At trial, Cavallaro falsely testified that Joseph held him while Frank bit his nose off. Joseph was acquitted of the charges. Cavallaro then pursued a civil case against both Joseph and Frank and testified again that Joseph was involved in the assault. Cavallaro was awarded a judgment against Frank but not Joseph. Joseph subsequently filed a malicious-prosecution claim against Cavallaro. The trial court entered a judgment in favor of Joseph, and Cavallaro appealed. On appeal, Cavallaro argued that the state pursued the charges, and therefore, Cavallaro was not responsible for the prosecution and did not aid, abet, or assist in the prosecution.
Rule of Law
Issue
Holding and Reasoning (Hinman, J.)
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