240 A.2d 213 | Conn. Super. Ct. | 1967
The affidavit of the defendant indicates that for more than three and one-half years prior to the commencement of this action he maintained a specific assigned room at Yale University, leaving his required possessions and receiving mail there. This assertion is not disputed by counter affidavit or otherwise, thus permitting the inference that the plaintiff cannot in good conscience refute it. Gancy
v. Dohna,
The court has given considerable thought to the second claim of the plaintiff to avoid the thrust of the Statute of Limitations and has carefully perused the affidavits and transcript of the deposition. It would appear therefrom that evidence could be offered establishing the following: The adjuster conversed with the plaintiff in person or via telephone several times up to and including December, 1962, at which time he attempted to initiate a settlement. The plaintiff was to see her physician early in January, 1963, and expressed a desire to wait, stating she had three years in which to sue and that there was no rush. The adjuster nodded his head affirmatively, stating "no rush," and promised to get in touch with the plaintiff after she had seen Dr. Miller, after the Christmas holidays. No such promise was kept; the plaintiff's calls to the adjuster went unheeded; her requests for a return call were ignored by the adjuster, although his secretary said he would call, and finally, just after the Connecticut Statute of Limitations time had run, he was reached by telephone and he informed the plaintiff that he had closed his file, that the Statute of Limitations had expired. This latter statement at least calls into question the assertion by the adjuster that he did not know what the Connecticut Statute of Limitations period was as of December, 1962, a few months before he informed the plaintiff that the statute had run. It also raises a question as to the inference sought to be drawn from the adjuster's affidavit that he did not know where the plaintiff contemplated bringing suit. (The defendant was residing in Connecticut.) *397
An estoppel may prevail over the statute where the defendant's conduct is directed to the very point of obtaining the delay of which he afterwards seeks to take advantage by pleading the statute. Lippitt
v. Ashley,
The motion for a summary judgment is denied.