53 Conn. Supp. 220
Conn. Super. Ct.2012Background
- Decedent died July 29, 2006 after motorcycle contacted downed energized lines; wrongful death claims arise from that incident.
- 2011 action against Town of Killingly, Shippee, and Sabourin filed June 1, 2011, nearly five years after accident.
- Prior 2008 action against same parties dismissed for wilful noncompliance with court orders; dismissal treated as disciplinary, not mistake.
- Town defendants moved to dismiss for lack of subject matter jurisdiction; argued §52-555 time bar and §52-592(a) cannot save the 2011 action.
- Court bifurcated proceedings to separately address §52-592(a) viability, held a hearing, and evaluated whether dismissal was due to mistake or egregious conduct.
- Court concluded plaintiff failed to prove the prior dismissal was a matter of form and granted judgment for Town defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §52-555 bar the 2011 action as untimely? | Pellecchia argues 2011 action timely within §52-555 period via relation back. | Town argues §52-555 is a jurisdictional prerequisite and time-bar; 2011 action time barred. | Yes; §52-555 time bar applies unless §52-592(a) saves it. |
| Does §52-592(a) save the 2011 action despite the 2008 dismissal? | Pellecchia contends 2008 dismissal was a form issue; §52-592(a) can apply to save new action. | Town contends the 2008 dismissal was disciplinary for willful noncompliance and not saveable. | No; dismissal shown as egregious conduct; §52-592(a) not applicable. |
| Was the 2008 dismissal a matter of form allowing §52-592(a) relief? | McCoy’s confusion about procedures but not egregious misconduct; §52-592(a) should apply. | Repeated willful disregard of court orders; conduct egregious and not within §52-592(a) relief. | Discretionary; conduct egregious; §52-592(a) relief not available. |
Key Cases Cited
- Plante v. Charlotte Hungerford Hospital, 300 Conn. 33 (2011) (recognizes factual showing is required to apply §52-592(a) in disciplinary dismissals)
- Burgess v. Vanguard Ins. Co., 192 Conn. 124 (1984) (discusses timely objection to revise; informs applicability of §52-592(a))
- Ruddock v. Burrowes, 243 Conn. 569 (1998) (disciplinary dismissals not categorically excluded from §52-592(a))
- Tellar v. Abbott Laboratories, Inc., 114 Conn. App. 244 (2009) (explains §52-592(a) inquiry; egregious conduct matters)
- Gillum v. Yale University, 62 Conn. App. 775 (2001) (continua analysis of misconduct severity under §52-592(a))
- Pellecchia v. Connecticut Light & Power Co., 52 Conn. Sup. 435 (2011) (court distinguished dismissal-related conduct and §52-592(a) applicability)
- Greco v. United Technologies Corp., 277 Conn. 337 (2006) (wrongful death context and statute interplay guidance)
- Skinner v. Doelger, 99 Conn. App. 540 (2007) (caseflow management supports strict compliance with court orders)