Nelson v. CONTRACTING GROUP, LLC
14 A.3d 1009
Conn. App. Ct.2011Background
- defendant The Contracting Group, LLC rehabilitates commercial buildings and employed Nelson as a laborer; Willow Street site had significant mold and defendant directed bleach cleaning; Nelson developed eye problems seeking medical attention; plaintiff filed workers' compensation claim January 2008 and was terminated soon after; Nelson filed suit March 14, 2008 alleging retaliatory discharge for workers' compensation claim; defendant failed to appear, default entered August 7, 2008; hearing in damages held April 15, 2009 resulting in plaintiff's judgment; defendant did not attend damages hearing; motion to open judgment filed July 14, 2009 and denied by trial court on August 19, 2009; appellate court affirmance on discretionary standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying the motion to open | Nelson argues proper grounds existed to open due to defendant's asserted complete defense. | Contracting Group contends a good defense existed and non-raised defense was due to mistaken belief about plaintiff's counsel contact. | No abuse of discretion; second prong not satisfied. |
| Whether the defendant demonstrated a good defense existed at judgment time | Nelson asserts retaliation claim supported by evidence. | Contracting Group claims termination was for substantial completion, not retaliation. | Court concluded defendant failed to show a timely, valid defense under prong two. |
| Whether the defense was prevented from being raised by mistake or reasonable cause | Not addressed by plaintiff beyond showing requested timely action. | Mistaken belief about agreement prevented raising defense. | Mistaken belief insufficient to open under §17-43(a) when other factors show notice and delay. |
Key Cases Cited
- Bove v. Bove, 103 Conn.App. 347 (2007) (abuse of discretion standard for opening judgment; preservation of discretion in default contexts)
- State v. Ritz Realty Corp., 63 Conn.App. 544 (2001) (two-prong test for opening default judgments)
- Eastern Elevator Co. v. Scalzi, 193 Conn. 128 (1984) (negligence of party/counsel not sufficient to open default judgment)
- Segretario v. Stewart-Warner Corp., 9 Conn.App. 355 (1986) (law on opening default judgments; requires proper showing of mistake/causal factors)