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Farrell v. Viski

Connecticut Superior Court, Judicial District of New Haven at Meriden
Dec 18, 2002
2002 Ct. Sup. 16313 (Conn. Super. Ct. 2002)

Opinion

No. CV 99 0270274S

December 18, 2002


MEMORANDUM OF DECISION


This court has granted re-argument of its denial of a motion to reopen a judgment entered on March 26, 2002. The plaintiff had filed an Offer of Judgment in the amount of $45,000 pursuant to C.G.S. § 52-192a, which was determined to have been properly accepted and judgment was entered accordingly. After the motion for re-argument had been filed, it was discovered that a previous attorney for the plaintiff had filed an offer of judgment in the amount of $38,250.

Re-argument had been granted for the single purpose of determining the effect of the Supreme Court holding in Shawhan v. Langley, 249 Conn. 339, (1999) 732 A.2d 170.

A review of that decision indicates that the Supreme Court ruled a 1982 Amendment of § 52-192a limited the filing of an Offer of Judgment to one amount by a plaintiff for each defendant, to both determine prejudgment interest and effect a judicial settlement. As such, the offer of judgment dated February 26, 2002, in the amount of $45,000 was a judicial nullity. Accordingly, the motion to reopen the judgment dated March 27, 2002 is granted.

___________________ Gilardi, J


Summaries of

Farrell v. Viski

Connecticut Superior Court, Judicial District of New Haven at Meriden
Dec 18, 2002
2002 Ct. Sup. 16313 (Conn. Super. Ct. 2002)
Case details for

Farrell v. Viski

Case Details

Full title:GERALD E. FARRELL, JR. v. MARY D. VISKI

Court:Connecticut Superior Court, Judicial District of New Haven at Meriden

Date published: Dec 18, 2002

Citations

2002 Ct. Sup. 16313 (Conn. Super. Ct. 2002)