127 Conn. App. 448
Conn. App. Ct.2011Background
- Hammer, a state employee, was injured in 1994 and pursued a tort action against the snow-removal company, with the state intervening to assert a lien for workers’ compensation paid.
- The tort action settled for $20,000 in 2003; the parties conditioned lien forgiveness on the $20,000 being placed in escrow and to be disbursed only when the workers’ compensation claim was disposed.
- A $20,000 check was delivered to Hammer’s counsel in November 2003, but Hammer refused to endorse and the check remained unnegotiated and expired.
- In 2008, the state filed an interpleader action seeking to have the $20,000 applied to its lien or attorney’s fees upon Hammer’s breach of the settlement terms.
- At a 2009 pretrial, the court and parties memorialized an August agreement to hold the funds in escrow until the workers’ compensation case was resolved, but Hammer’s conservator did not approve a memorializing order.
- At a 2010 status conference, the court ordered the $20,000 to be disbursed immediately to Hammer, prompting the state’s appeal and the reversal below for a merits trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether merits trial required before disbursal | State argues interpleader funds must be resolved via merits trial. | Hammer contends the August agreement and court orders authorized immediate disbursal. | Interpleader merits trial required; immediate disbursal improper. |
Key Cases Cited
- Expressway Associates II v. Friendly Ice Cream Corp. of Connecticut, 34 Conn.App. 543 (Conn. App. 1994) (unauthorized practice of law; representation of own cause)