DocketNumber: No. 0108985
Judges: SYLVESTER, J.
Filed Date: 2/23/1994
Status: Non-Precedential
Modified Date: 4/18/2021
In a negligence action to recover damages resulting from personal injury, wrongful death or damage to property occurring on or after October 1, 1987, if the damages are determined to be proximately caused by the negligence of more than one party, each party against whom recovery is allowed shall be liable to the claimant only for his proportionate share of the recoverable economic damages and the recoverable noneconomic damages except as provided in subsection (g) of this section.
"Thus, in order for a defendant to assure that he is held liable for no more than his proportionate share of the plaintiff's damages, it is necessary that tort-feasors, other than released or settled persons, must be made parties to the action." Aponte v. Johnson,
General Statutes
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 CT Page 1787 involved therein; provided no person who is immune from liability shall be made a defendant in the controversy.
As in the present case, where a party has a claim adverse to the plaintiff, the proper procedure is a motion to cite in the necessary party pursuant to General Statutes
Because a motion to cite in requires that a person necessary to the adjudication of the matter be made a party in the action, the proper procedure is to have the plaintiff amend the complaint and serve the necessary party. Espowood v. Springfield Terminal Railway Co., supra, 978; but see Bushie v. Putzig,
SYLVESTER, J.