DocketNumber: No. CV98-0409917
Citation Numbers: 2000 Conn. Super. Ct. 9787
Judges: THOMPSON, JUDGE.
Filed Date: 8/23/2000
Status: Non-Precedential
Modified Date: 4/18/2021
The plaintiff, Brian J. Woolf, brought the action returnable on March 3, 1998 against the City of New Haven, Yale University, and Wawa, Inc., alleging that on February 10, 1996, he suffered personal injuries when he fell due to an icy sidewalk at 264-266 York Street in New Haven. The City was sued pursuant to C.G.S. §
On July 27, 1998, the City was successful in obtaining summary judgment in its favor by virtue of its claim that pursuant to C.G.S. §
On December 6, 1999, Wawa was successful in obtaining summary judgment in its favor on the basis that the area where the plaintiff claims to have fallen was not adjacent to the premises possessed or controlled by it as lessee of Yale University, but rather adjacent to premises, or in front of premises of Barrie Ltd. located at 268 York Street.
On March 31, 2000, the plaintiff moved to add Barrie as a defendant, which motion was granted and Barrie was served with an amended complaint on April 29, 2000. In the amended complaint the plaintiff now claims that he fell on the public sidewalk at 268 York Street in New Haven and alleges that the place where he fell was in the possession and control of Yale University and Barrie.
Barrie has now moved for summary judgment in its favor on the basis that it was sued four years and two months after the event in question and therefore this claim is barred by Conn. Gen. Stat. §
In opposing the motion for summary judgment of Barrie the plaintiff relies upon Conn. Gen. Stat. §
When a plaintiff in any civil action has failed to obtain judgment by reason of failure to name the right person as defendant therein, the plaintiff may bring a new action and the statute of limitations shall not be a bar thereto if service of process in the new action is made within one year after the termination of the original action. . . .
The plaintiff argues that §
In the opinion of the court, §
It is also the opinion of the court that §
"A plaintiff who fails to sue timely, a potentially liable party can only rescue the cause under sec.
52-593 when that failure resulted from a mistaken belief that a defendant originally sued was that particular party and the original action terminated by virtue of that mistake."
Here there was no such mistaken belief. Therefore, for the above stated reasons the motion for summary judgment of the defendant Barrie Ltd. of New Haven is granted.
Bruce W. Thompson, Judge.