Johnson v. Raffy's Café I, LLC, 163 A.3d 672

Background

Plaintiff Lubecca Johnson, administratrix of Willie Brown Jr.’s estate, sued for wrongful death alleging defendant Erick Bennett stabbed Brown; co-defendants Raffy’s Café I, LLC and Rafael Robles faced dram shop/recklessness counts.
Bennett (self-represented) was criminally tried and convicted of murder (sentenced Aug. 26, 2011); he never filed a responsive civil pleading.
Clerk entered default for failure to plead on Oct. 20, 2011; plaintiff sought a hearing in damages and closed pleadings on Nov. 21, 2014.
Bennett moved to set aside the default (Dec. 2014), moved to dismiss for lack of subject-matter jurisdiction (Feb. 2015 hearing), and did not appear at the damages hearing (Apr. 27, 2015). Court denied motions and entered judgment awarding economic and $1,292,200 noneconomic damages.
Bennett’s appeals argued the court lacked subject-matter jurisdiction (five theories), the default should be opened (arguing Fifth Amendment, duress, mistake about an affidavit), and the denial of a new trial was improper (newly discovered evidence, fraud, lack of opportunity to attend). Court affirmed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Subject-matter jurisdiction over suit by administratrix	Johnson was properly appointed and authorized to sue; allegations raise civil claims	Probate certificate invalid (no seal); certificate didn’t authorize suit; sovereign immunity; double jeopardy/collateral estoppel; prior summary judgment for co-defendants mandates dismissal	Court properly retained jurisdiction: probate certificate valid and authorizes suit; Bennett not entitled to sovereign immunity; civil suit not barred by double jeopardy; summary judgment against co-defendants didn’t resolve counts against Bennett
Motion to set aside default (failure to plead)	Default should remain; no good cause shown to open default	Good cause: Fifth Amendment privilege, duress from simultaneous criminal prosecution, believed affidavit to co-defendants served as answer	Denial affirmed: privilege must be specifically invoked and cannot justify blanket non‑pleading; no wrongful duress shown; affidavit did not respond to allegations against Bennett
New trial based on newly discovered evidence / fraud	Bennett uncovered evidence showing prosecutorial/conspiratorial fraud and exculpatory material withheld; would change outcome	Evidence not newly discovered or probative here; no adequate proof of fraud; Bennett had opportunity to attend damages hearing and could not contest liability absent proper notice	Denial affirmed: no clear proof of fraud; evidence not shown to be newly discovered/diligently unavailable; even if transported, Bennett would be limited (default) and had not given required notice to contest liability
Right to appear at damages hearing / writ of habeas corpus ad testificandum	Court should have sua sponte ordered Bennett transported to attend hearing; lack of appearance denied opportunity to defend	Bennett failed to seek transport; had previously used habeas ad testificandum; no absolute duty on court to issue writ sua sponte	Denial affirmed: no duty to issue writ sua sponte; Bennett was not diligent and had no just defense at damages hearing because of default rules

Key Cases Cited

Property Asset Management, Inc. v. Lazarte, 163 Conn. App. 737 (standard of review for motion to dismiss)
Miller v. Egan, 265 Conn. 301 (sovereign immunity test and four-factor inquiry)
State v. Burnell, 290 Conn. 634 (criminal nature required for double jeopardy)
State v. Smith, 207 Conn. 152 (proceeding is criminal for double jeopardy purposes if it imposes punishment)
North River Ins. Co. v. Stefanou, 831 F.2d 484 (Fifth Amendment privilege must be specifically and particularly invoked; blanket refusals insufficient)
Chevy Chase Bank, FSB v. Avidon, 161 Conn. App. 822 (standard for setting aside defaults; self-represented litigant must comply with rules)
Duart v. Dept. of Correction, 116 Conn. App. 758 (requirements for relief from judgment procured by fraud)