131 Conn. App. 204
Conn. App. Ct.2011Background
- Plaintiff John Lathrop and intervenor Olin appeal from summary judgment for defendant Malcolm Pirnie, Inc. on a negligence action arising from an allegedly defective backfilled boring hole causing a sunken concrete cap and injury.
- Glacier Drilling drilled soil and monitoring wells through the factory floor for the defendant to access and test for contamination; Glacier backfilled holes per contract with grout and capped with concrete.
- Lathrop alleges a 1.25 inch depression from a backfilled hole causing his April 5, 2006 injury; complaint served March 26, 2008.
- Defendant and Glacier moved for summary judgment to bar the action under § 52-584 (3-year repose); Lathrop argued § 52-584a (7-year suit) applies because services relate to an improvement to real property.
- The trial court granted summary judgment, and the appeals followed; issue centers on whether the seven-year period applies, defining “improvement to real property.”
- Supreme Court precedents define “improvement to real property” broadly to include alterations that increase use, value, or appearance of property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 52-584a apply to defendant's engineering services? | Lathrop contends seven-year period applies. | The action is barred by three-year repose under § 52-584. | Genuine issue of material fact exists; § 52-584a may apply. |
| Are the environmental tests and monitoring wells an improvement to real property under § 52-584a? | Plato Associates shows genuine issue on whether testing and wells constitute improvements. | Grigerik limits to completed improvements; testing-only work does not constitute an improvement. | Genuine issue of material fact exists as to whether they constitute improvements. |
Key Cases Cited
- Grigerik v. Sharpe, 247 Conn. 293 (1998) (held § 52-584a applies to improvements completed due to engineering services)
- Verna v. Commissioner of Revenue Services, 261 Conn. 102 (2002) (defined improvement to real property in context of § 52-584a)
- Plato Associates, LLC v. Environmental Compliance Services, Inc., 298 Conn. 852 (2010) (whether environmental tests and monitoring wells constitute improvements; factual issues preclude summary judgment)