Stuart v. Snyder
125 Conn. App. 506
| Conn. App. Ct. | 2010Background
- Plaintiffs Jonathan A. Stuart and William Stuart are heirs of Kenneth J. Stuart Sr.; Stuart Sr. created a trust and will in 1991 to distribute his assets among plaintiffs and Stuart, Jr. (their brother).
- Stuart, Jr. served as trustee and estate executor, while the defendant Snyder acted as his attorney from 1992 to 2002.
- Plaintiffs sued Stuart, Jr. in 1993 for misappropriation of estate assets.
- In 2006, plaintiffs filed this tort action against Snyder for aiding Stuart, Jr. in unlawful conversions.
- Defendant moved for summary judgment in 2009, arguing the three-year statute of limitations (§ 52-577) barred the action, with last reasonably timely conduct on February 5, 2003.
- Plaintiffs claimed tolling under continuing course of conduct and fraudulent concealment (§ 52-595); the trial court granted summary judgment, and plaintiffs appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continuing course of conduct tolled the statute | Stuart claims a continuing duty continued after 2003. | No continuing duty; prior duties terminated by the adversarial relationship and no later wrongful acts. | No; no genuine issue on tolling by continuing course of conduct. |
| Whether fraudulent concealment tolled the statute under § 52-595 | Snyder concealed facts essential to the action. | No evidence of fraudulent concealment; defendant's materials show no concealment meeting the standard. | No; insufficient evidence of fraudulent concealment to toll the statute. |
Key Cases Cited
- Vanliner Ins. Co. v. Fay, 98 Conn.App. 125 (2006) (continuing-duty analysis requires a continuing duty after initial wrong)
- Boone v. William W. Backus Hospital, 272 Conn. 551 (2005) (summary judgment standard; mere assertions insufficient to create material fact issues)
- 2830 Whitney Avenue Corp. v. Heritage Canal Development Associates, Inc., 33 Conn.App. 563 (1994) (burden to demonstrate genuine issue with counteraffidavits and concrete evidence)
- Watts v. Chittenden, 115 Conn.App. 404 (2009) (continuing-duty framework; whether duty exists and continues)
- Byrne v. Burke, 112 Conn.App. 262 (2009) (fraudulent concealment standard: clear, precise, unequivocal evidence)