Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C.
2012 Conn. App. LEXIS 185
Conn. App. Ct.2012Background
- Meyers sued the defendant law firm for allegedly unprofessional conduct in a settled underlying action involving Thibodeau and related parties.
- The defendant previously represented Meyers and Thibodeau; the claims were later consolidated into one action.
- A settlement was reported on December 14, 1999; Meyers was canvassed in open court about the settlement.
- February 25, 2000 Meyers executed a settlement agreement and release; the firm received fees after deductions.
- Meyers filed a one-count complaint on February 21, 2006, alleging breach of contract duties and related professional negligence.
- The trial court and appellate courts analyzed whether the action accrued under tort § 52-577 or contract § 52-576, ultimately concluding the claim sounds in tort and is time-barred by the three-year limit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nature of Meyers’ claim (tort or contract) | Meyers contends a contract-based claim existed. | Defendant argues the claim is tortious professional negligence. | Action sounds in tort and is time-barred under § 52-577. |
| Accrual and applicable statute of limitations | Accrual occurred on February 25, 2000. | Accrual occurred on December 14, 1999, with a three-year limit. | Three-year tort statute governs; timely suit not filed within limitations. |
| Effect of contract claim, if any, on limitations | Contract claim could be six years if applicable. | Even if contract, accrual and six-year limit do not save the claim. | No usable six-year contract claim; tort limitations control. |
Key Cases Cited
- Pelletier v. Galske, 105 Conn.App. 77 (Conn. App. 2007) (malpractice elements govern professional negligence claims against lawyers)
- Caffery v. Stillman, 79 Conn.App. 192 (Conn. App. 2003) (contract vs. tort distinction for attorney defendants; six-year contract limits may apply for certain claims)
- Hill v. Williams, 74 Conn.App. 654 (Conn. App. 2003) (discusses contract-based actions against attorneys for refusing to perform duties under contract)
- Montanaro v. Gorelick, 73 Conn.App. 319 (Conn. App. 2002) (pleadings construed broadly; claims may sound in contract and tort together)
- Beaudoin v. Town Oil Co., 207 Conn. 575 (Conn. 1988) (pleading standards and interpretation of contracts in negligence contexts)