DocketNumber: No. CV 960150309
Citation Numbers: 1998 Conn. Super. Ct. 12484
Judges: LEWIS, JUDGE.
Filed Date: 11/3/1998
Status: Non-Precedential
Modified Date: 7/5/2016
The defendant denied the material allegations of the complaint, and filed a number of special defenses, including breach of contract, breach of the implied covenant of good faith and fair dealing, self-help, failure of consideration and a contract of adhesion. The defendant also filed a counterclaim alleging breach of contract and negligent infliction of emotional distress.
The court makes the following findings of fact. The plaintiff is engaged in the business of converting paper to such products as paper lace doilies, paper placemats and posterboards. The defendant was hired by the plaintiff pursuant to a written employment agreement effective January 6, 1992. The defendant became the mid-west regional sales manager for one of the CT Page 12485 plaintiff's divisions, the Royal Lace Division, and worked out of his home in Oshkosh, Wisconsin. After working for approximately three and a half years, the defendants employment was terminated by the plaintiff in a letter dated November 10, 1995, in accordance with the employment agreement, which permits termination upon proper notice.
As part of his employment, the defendant was given a new 1992 Ford Taurus, paid for by and registered in the plaintiff's name. After the defendant's employment was terminated, the plaintiff asked him on a number of occasions to return the car. The defendant refused to do so, believing that the car was a bargaining chip he could use to insure receipt of everything the plaintiff owed by way of severance pay. However, even after the money due him for a bonus,1 accrued vacation, a 401K Plan, business expenses and salary through December 31, 1995, was received, the defendant continued to refuse to return the car and still had it at the time of trial.. An appraiser for the plaintiff testified reasonably and plausibly that the retail or market value of the Taurus in December, 1995, the time of the conversion, was $9,425. In addition, the plaintiff spent $2,491 to insure the vehicle from the termination of employment to the date of this judgment.
On December 29, 1995, the plaintiff sent a fax transmission to the defendant indicating that the plaintiff intended to have the Taurus picked at the defendants home on December 31, 1995, at noon. The fax did not go out properly, through either the carelessness of the plaintiff's employee or malfunction of the machine. The plaintiff's transport agent appeared on December 31, 1995, when the defendant was not home, and attempted unsuccessfully to obtain the keys to the Taurus from the defendant's young son who was in the house at the time.
The court reaches the following conclusions. The plaintiff proved that despite a number of demands that the Taurus be returned, the defendant converted the vehicle to his own use. Conversion has been described as an unauthorized assumption and exercise of the right of ownership over goods belonging to another to the exclusion of the owners rights. Aetna Life Casualty Co. v. Union Trust Co.,
The measure of damages for a conversion was discussed inWaterbury Petroleum Products, Inc. v. Canaan Oil Fuel Co.,
The plaintiff did not prove by clear and convincing evidence that the defendant committed a theft of the Ford Taurus in violation of General Statutes §
The defendant failed to prove his special defenses and counterclaims. The plaintiff did not breach a contract. Negotiations occurred between the parties by telephone, faxes and letters, but the parties never had a meeting of the minds on how to settle their respective claims. For example, the defendant refers to a letter he sent to the plaintiff dated January 3, 1996, but that letter insists on charging the plaintiff for storage of the Taurus, which the plaintiff always refused. Subsequent correspondence on January 9 and January 10, 1996, did CT Page 12487 not produce a meeting of the minds as the plaintiff insisted that the Taurus be returned, and the defendant never actually did so. Moreover, the plaintiff insisted on the return of certain confidential business information that the defendant had obtained while working for the plaintiff, which did not occur until the time of trial. Hence the defendant has not proven a breach of contract.
The defendant has also failed to prove his claim of negligent infliction of emotional distress. The incomplete fax, the attempted pickup of the car by the plaintiff's agent when the defendant was not personally at home, and speaking directly with the defendants child, do not deserve any kudos, but the plaintiff's conduct does not constitute the negligent infliction of emotional distress. There was no showing that the plaintiff knew that its conduct created an unreasonable risk of causing emotional distress. Parsons v. United Technologies Corp.,
Although there was not any indication at the trial that the defendant was attempting to disclose or had disclosed trade secrets and confidential business information to anyone, the temporary injunction dated March 25, 1996, enjoining such disclosure, is hereby made into a permanent injunction.
Judgment may enter for the plaintiff to recover from the defendant the sum of $11,916.2 Judgment may also enter for the plaintiff with respect to the defendant's counterclaims. Costs are to be taxed by the office of the chief clerk in accordance with General Statutes §
So Ordered.
Dated at Stamford, Connecticut, this 2nd day of November, 1998.
William B. Lewis, Judge