DocketNumber: No. 30 23 41
Citation Numbers: 1992 Conn. Super. Ct. 9574
Judges: THOMPSON, JUDGE
Filed Date: 10/20/1992
Status: Non-Precedential
Modified Date: 4/17/2021
On September 5, 1991 the defendant, O'Keefe, served a third-party complaint on the third-party defendant, Janet A. Rainey, alleging that she was negligent in the operation of a motor vehicle and that her negligence caused the plaintiffs' injuries and losses. The third-party complaint has withstood a motion to strike apparently on the basis that it seeks neither contribution nor indemnity but rather the inclusion of the third-party defendant as a party for the purpose of allocation of percentages of negligence pursuant to
Since no direct claim has been filed by the plaintiffs against the third-party defendant within two years of the date of the accident, the third-party defendant seeks a judgment declaring, in effect, that the plaintiffs have no viable claim against the third-party defendant and thus the third-party defendant cannot be directly liable to the plaintiffs for money damages.
However since there is no complaint or claim running directly between the plaintiffs and the third-party defendant, there is no claim in existence upon which to enter such a judgment. What the third-party defendant is seeking is, in effect, a declaratory judgment stating that the plaintiffs are now time-barred from asserting a direct claim for money damages against the third-party defendant.
Since the sought after relief would be inappropriate, the motion for summary judgment is denied.
Bruce W. Thompson, Judge CT Page 9576