229 Conn. 224 | Conn. | 1994
The sole issue in this certified appeal is whether there is a right to appeal from a stipulated judgment that settles a personal injury action between the injured plaintiff and his alleged tortfeasors and expressly reserves the injured plaintiff’s right to appeal the allocation of the proceeds of the judgment between himself and an intervening plaintiff. The plaintiff, Keary Mulligan, brought a personal injury action against the defendants, Allen S. Hall, J.A.C.E. Transportation Company, Inc., and Housatonic Area Regional Transit. Over his protest, the trial court, West, J., granted a motion to intervene filed by the plaintiff’s employer, Chemsearch, Inc. (employer), in order to secure a workers’ compensation lien for amounts previously paid to the injured plaintiff.
The Appellate Court declined to consider the plaintiffs appeal on its merits. Mulligan v. Hall, 32 Conn. App. 203, 628 A.2d 621 (1993). The court concluded that the plaintiff had no right to appeal from a stipulated judgment without a showing that his consent to the judgment had been obtained by fraud, accident or mistake. Id., 204. In the absence of a motion in the trial court to open or to set aside the judgment, the court decided that it lacked the authority to review the stipulated judgment. Id., 205. We granted the plaintiff’s petition for certification,
The Appellate Court misconceived the scope and the intent of the stipulated judgment. That judgment liquidated and settled the plaintiff’s claims against the defendants. Neither the plaintiff nor the employer challenges the terms of the settlement. The only issue between them is the proper allocation of the settlement proceeds. It would therefore serve no purpose for the plaintiff to move to set aside the stipulated judgment.
In the circumstances of this case, likewise, the settlement between the injured plaintiff and the defendants properly reserved the plaintiff’s right to contest the employer’s lien on the settlement proceeds. The record unambiguously reflects that the stipulated judgment arising out of the settlement was understood by
Only an appeal can afford the plaintiff the opportunity to vindicate the rights that he expressly reserved. The Appellate Court should consider the merits of his claim.
The judgment of the Appellate Court is reversed and the case is remanded with direction to reinstate the plaintiffs appeal.
The trial court, Fuller, J., subsequently also granted the Second Injury Fund the right to intervene but it has not participated in this appeal.
We granted the plaintiff’s petition for certification, limited to the following issue: “Did the Appellate Court properly dismiss this appeal from a stipulated judgment in a personal injury action involving a workers’ compensation claim, when the parties had reserved, in stipulating to the judgment, the right to appeal and to challenge the trial court’s earlier granting of the employer’s motion to intervene?” Mulligan v. Hall, 227 Conn. 931, 632 A.2d 707 (1993).