21 Conn. App. 565 | Conn. App. Ct. | 1990
This appeal presents the question whether the doctrine of res judicata prevents a plaintiff from bringing a second lawsuit on a claim, originally brought in a prior lawsuit, where the trial court in the original case, with the consent of the parties, ordered that the claim be severed and tried separately.
The facts are not in dispute. Holly Flor hired Marrón and Sipe Building and Contracting Corporation (Marron-Sipe) to construct the New Milford Car Wash. Marron-Sipe subcontracted with A. J. Masi Electric Co., Inc. (Masi), to perform all the electrical work on the facility. On September 29,1987, Masi sued Marron-Sipe to receive payment for its electrical contracting services (case number 290323). On November 18, 1987,
The third party defendants, Holly Flor and the New Milford Car Wash, Inc., believe that the third party plaintiff’s claim for the cost of the electrical services cannot now be brought in case number 47115 because it could have been brought in case number 43905. The third party defendants therefore filed a motion for leave to amend their answer to the third party complaint to include the special defense of res judicata. They appeal from the trial court’s denial of their motion. The case was tried to a conclusion and a judgment was rendered for the plaintiff, Masi, against the defendant, Marron-Sipe, and for Marron-Sipe as third party plaintiff against the third party defendants Holly Flor and New Milford Car Wash, Inc., the appellants herein. The special defense of res judicata is the only issue on appeal.
The courts of this state follow the Restatement (Second), Judgments, in applying the doctrine of res judicata. See Orselet v. DeMatteo, 206 Conn. 542,
There is no error.
In this opinion the other judges concurred.