Pellecchia v. Town of Killingly
147 Conn. App. 299
| Conn. App. Ct. | 2013Background
- Decedent died in July 2006 when his motorcycle contacted a downed energized power line in Killingly.
- Plaintiff Anthony J. Pellecchia (administrator of the estate) originally filed a wrongful death action in 2008 against multiple defendants; that action resulted in a judgment of nonsuit for plaintiff after failures to follow court orders and rules.
- The nonsuit was affirmed on appeal in Pellecchia v. Connecticut Light & Power Co. (Conn. App. 2011).
- In 2011 plaintiff filed a new wrongful death action against the town of Killingly, Anthony Shippee, and David Sabourin.
- Defendants moved to dismiss, arguing the 2011 complaint was barred by the two-year wrongful death statute of limitations, General Statutes § 52-555, and could not be revived under the accidental-failure-of-suit statute, § 52-592.
- Trial court dismissed the 2011 action, finding the prior nonsuit resulted from plaintiff’s deliberate violations (not mistake, inadvertence, or excusable neglect), so § 52-592 did not save the new suit; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2011 wrongful-death action is time-barred under § 52-555 | The 2011 suit falls within the one-year saving period under § 52-592 following the prior action’s termination | The prior action’s nonsuit ended the original timely suit and the new suit was filed after the limitations period expired | Court held the suit was time-barred because § 52-592 did not apply to revive plaintiff’s claim |
| Whether § 52-592 (accidental failure of suit) applies to revive the claim | Pellecchia argued the prior action "failed" and thus he could commence anew within one year under § 52-592 | Defendants argued the prior nonsuit was due to plaintiff’s deliberate disregard of court orders, not a failure by mistake/inadvertence, so § 52-592 is inapplicable | Court held § 52-592 did not apply because the nonsuit resulted from plaintiff’s knowing, blatant, and egregious disregard for the court and rules, not excusable mistake/inadvertence |
| Whether the trial court abused its discretion in characterizing the prior nonsuit as non-accidental | Pellecchia contended the dismissal should be treated as a matter of form that § 52-592 covers | Defendants maintained the record showed repeated noncompliance and intransigence, supporting the court’s characterization | Court affirmed trial court’s factual determination and declined to disturb its judgment |
| Whether further discussion by the appellate court was required | Pellecchia sought reversal and explanation | Defendants urged affirmance relying on prior appellate decisions and trial-court opinion | Court adopted the trial court’s opinion as well-reasoned and affirmed judgment without extended additional analysis |
Key Cases Cited
- Pellecchia v. Connecticut Light & Power Co., 126 Conn. App. 903 (Conn. App. 2011) (affirming nonsuit in earlier action stemming from same incident)
- Pellecchia v. Connecticut Light & Power Co., 139 Conn. App. 88 (Conn. App. 2012) (affirming dismissal of related claims as untimely and not saved by § 52-592)
- Woodruff v. Hemingway, 297 Conn. 317 (Conn. 2010) (appellate restraint where lower court opinion adequately addresses the issues)
- Pellecchia v. Killingly, 53 Conn. Supp. 220 (Conn. Super. Ct. 2012) (trial court opinion adopted by appellate court as the statement of facts and law)