Opinion
No. NNH CV 08 5024620 S
January 27, 2009
MEMORANDUM OF DECISION
The defendant in this matter has moved for dismissal of this matter for failure to return process to court within the time prescribed under § 52-46 of the Connecticut General Statutes.
In this matter, the plaintiff made an allegation of injury arising on or about September 28, 2006 in the town of Wallingford. A civil summons was served on September 27, 2008 with a return date of October 14, 2008. The complaint was returned on November 20, 2008.
Connecticut General Statutes § 52-46a provides in relevant part that: "Process in civil actions . . . shall be returned . . . if returnable to the Superior Court . . . to the clerk of such court at least six days before the return day." Clearly the plaintiff did not meet this statutory requirement.
The court adopts the reasoning contained in Szeligowski v. Lowe's Cos., Superior Court, J.D. of New Haven at New Haven, Docket No. CV 06-5004607-S (Jan. 23, 2007, Holden, J.) [42 Conn. L. Rptr. 714] in that statutory authority controls in these matters.
The defendant's motion to dismiss is granted.