Macellaio v. Newington Police Department
2013 Conn. App. LEXIS 433
Conn. App. Ct.2013Background
- Plaintiff Brooklyn Macellaio sues the Newington Police Department and Officers Petlik and Allin for false arrest and negligence based on arrests on May 2 and May 29, 2008 arising from the same incident.
- Original complaint filed December 9, 2011; court struck it in February 2012 and an amended complaint followed in March 2012.
- Defendants moved for summary judgment asserting the claims were barred by statutes of limitations under §52-577 and §52-584.
- Plaintiff sought tolling under fraudulent concealment and continuing course of conduct but did not properly plead those doctrines in avoidance.
- Trial court granted summary judgment on October 3, 2012; plaintiff timely appealed and argues tolling should apply and that the denial of reconsideration was improper.
- Court affirms the judgment, and addresses tolling doctrines and procedural issues in appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fraudulent concealment tolls the statutes of limitations. | Macellaio contends tolling applies due to concealment by defendants. | Defendants argue no actual awareness or concealment shown; no tolling. | Fraudulent concealment not proven; no tolling. |
| Whether continuing course of conduct tolls the statute of limitations. | Macellaio argues ongoing conduct tolls limitations. | Defendants assert no continuing duty or later related wrongful conduct shown; no tolling. | Continuing course of conduct doctrine not proven; no tolling. |
| Whether the court properly denied the motion for articulation of the reconsideration ruling. | Plaintiff seeks articulation review of reconsideration denial. | Articulation review not proper on appeal. | Not reviewable on appeal; petition for articulation denied. |
Key Cases Cited
- Collins v. Bound Brook Assn., 198 Conn. 660 (Conn. 1986) (bounds of fraudulent concealment or continuing course of conduct discussed in tolling context)
- Schilberg Integrated Metals Corp. v. Continental Casualty Co., 263 Conn. 245 (2003) (trial court may overlook procedural defects if no timely objection)
- Coleman v. Commissioner of Correction, 137 Conn. App. 51 (2012) (self-represented pleading treated with leniency; broad construct of pleadings)
- Connell v. Colwell, 214 Conn. 242 (1990) (standard for summary judgment and burden on nonmovant)
- Bellemare v. Wachovia Mortgage Corp., 94 Conn. App. 593 (2006) (discusses tolling doctrines and pleading requirements)
- Watts v. Chittenden, 301 Conn. 575 (2011) (continuing course of conduct doctrine described; relief after ongoing relationship)
- Falls Church Group, Ltd. v. Tyler, Cooper & Alcorn, LLP, 281 Conn. 84 (2007) (tolling and continuing duty discussion in negligence context)
- Rosato v. Mascardo, 82 Conn. App. 396 (2004) (continuing course of conduct applicable where evolving wrongdoing)
- Sanborn v. Greenwald, 39 Conn. App. 289 (1995) (summary judgment standard for statute of limitations defenses)