DocketNumber: No. CV 91 0114677 S
Citation Numbers: 1994 Conn. Super. Ct. 5265
Judges: NIGRO, J.
Filed Date: 5/17/1994
Status: Non-Precedential
Modified Date: 4/17/2021
Now Walsh has moved additionally to implead or cite in the State of Connecticut, the owner of the wooden stairs, pursuant to General statutes §
The plaintiffs have filed an objection to this motion based on several grounds: (1) Walsh may not add or cite in a party immune from suit, such as the state, for purposes of apportionment under §
Section
Joinder Of Persons With Interest Adverse To Plaintiff And Of Necessary Persons.
Upon motion made by any party or nonparty to a civil action, the person named in the party's motion or the nonparty so moving, as the case may be, (1) may be made a party by the court if that person has or claims an interest in the controversy, or any part thereof, adverse to the plaintiff, or (2) shall be made a party by the court if that person is necessary for a complete determination or settlement of any question involved therein; provided no person who is immune from liability shall be made a defendant in the controversy. (Emphasis added.)
"`It is well established law that the state is immune from suit unless it consents to be sued by appropriate legislation waiving sovereign immunity in certain prescribed cases . . .' (Citations omitted.)" White v. Burns,
Otherwise, General Statutes §
Since there is no indication that Walsh sought or received the necessary authorization from the claims commissioner nor is there any allegation that its apportionment claim is otherwise provided for by statute, the court graces with the first ground for objection filed by the plaintiffs. It is not therefore necessary to address the several other grounds for objection.
The court finds that the state is an immune party under General Statutes §
The motion to cite in or add the state as a party is denied and the objection to that motion is sustained.
NIGRO, J.