180 Conn. App. 1
Conn. App. Ct.2018Background
- On May 9, 2013 (≈7:00 p.m.), Luis Martins purchased a 2013 Hyundai Veloster from Danbury Fair Hyundai, LLC but the dealer lacked the manufacturer's certificate of origin, so the dealer loaned Martins a dealer number plate and both signed a temporary loan agreement.
- Allstate issued temporary insurance for the Veloster with an effective date of May 9, 2013.
- On June 8, 2013 (≈3:00 p.m.), Martins, driving the Veloster displaying the dealer plate, was in a crash that injured three passengers (one fatally).
- Plaintiffs sued the dealer alleging the dealer remained liable because the loan exceeded the statutory limit of "not more than thirty days" under Conn. Gen. Stat. § 14-60(a)(3).
- The trial court granted summary judgment for the dealer, concluding the accident occurred within the 30-day limit and the dealer complied with § 14-60(a) requirements; the plaintiffs appealed and the appeals were consolidated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| How to compute "not more than thirty days" under § 14-60(a)(3) | Count May 9 (date/time of signed loan) as day 1; June 8 is day 31 → dealer exceeded 30 days | Exclude the day of the act (May 9); start count May 10 → June 8 is day 30; even using 24‑hour increments from signing, accident was within 30 days | Court held the first day is excluded; May 10 is day 1, so June 8 falls within 30 days; summary judgment affirmed |
| Whether the dealer satisfied § 14-60(a) formalities (selection box on form) | Missing checked box creates factual dispute about loan purpose/category | Statute does not require a written checkbox; evidence shows loan was for registration pending, not test drive or repair | Court held absence of a checked box does not create a genuine factual dispute; dealer met its burden |
| Whether the loan qualified as "registration pending" under § 14-60(a)(3) | Plaintiffs: transfer/registration completed June 10 (after accident), so registration wasn’t "pending" on loan date | Dealer: statute covers situations where registration (including transfers) is pending; intent and circumstances support § 14-60(a)(3) use | Court held "registration pending" reasonably covers transfers while waiting for paperwork; statute was applicable |
| Whether any factual dispute precluded summary judgment | Plaintiffs rely on deposition excerpt claiming loan period began May 9 | Dealer presented affidavit, insurance documents, registration forms, and loan agreement showing coverage and purpose | Court found no genuine material factual disputes and granted summary judgment to dealer |
Key Cases Cited
- Fox v. Abel, 2 Conn. 541 (Conn. 1818) (defines a day as a 24‑hour natural day running midnight to midnight)
- Miner v. Goodyear Glove Mfg. Co., 62 Conn. 410 (Conn. 1892) (when statute uses "day" it generally means full 24‑hour days and the day of the act is excluded)
- Austin, Nichols & Co., Inc. v. Gilman, 100 Conn. 81 (Conn. 1923) (established rule excluding the day of accrual when computing future time periods)
- Cook v. Collins Chevrolet, Inc., 199 Conn. 245 (Conn. 1986) (dealer complying with § 14-60 is not liable for damages from borrower while vehicle displays loaned dealer plate)
- Sandor v. New Hampshire Ins. Co., 241 Conn. 792 (Conn. 1997) (explains § 14-60’s public‑safety and insurance‑coverage purposes)
- Commissioner of Transportation v. Kahn, 262 Conn. 257 (Conn. 2003) (reaffirms the rule excluding the date or event day in computing time periods)
- Wikander v. Asbury Automotive Group/David McDavid Acura, 137 Conn. App. 665 (Conn. App. 2012) (applies the computation rule to filing periods)