Ames v. Sears, Roebuck & Co.

536 A.2d 563, 206 Conn. 16, 1988 Conn. LEXIS 9
CourtSupreme Court of Connecticut
DecidedJanuary 19, 1988
Docket13208
StatusPublished
Cited by23 cases

This text of 536 A.2d 563 (Ames v. Sears, Roebuck & Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ames v. Sears, Roebuck & Co., 536 A.2d 563, 206 Conn. 16, 1988 Conn. LEXIS 9 (Colo. 1988).

Opinion

Peters, C. J.

This appeal entails an examination of the circumstances under which a judgment debtor, by use of a writ of audita querela, can obtain relief from a final judgment awarding monetary damages to a judgment creditor. The defendant, Sears, Roebuck and Company, filed its application for a writ of audita querela alleging that the plaintiff, Laurie L. Ames, was threatening to cause execution to issue on a judgment in her favor in the amount of $175,000. Because the plaintiff had earlier received a payment of $25,000 from other alleged tortfeasors, the defendant claimed that its postjudgment payment of $150,000 had fully paid and satisfied the outstanding judgment. The trial court, Hurley, J., after a hearing, denied the defendant’s application for the writ and ordered payment of the balance due on the judgment. The defendant has appealed. We find no error.

For the purposes of this appeal, the facts of the underlying litigation can be briefly summarized. On August 10, 1978, the plaintiff was seriously injured when she accidentally fell off a riding lawnmower. The [18]*18accident occurred on the property of Wallace and Gladys Nordstrom, who had bought the mower from the defendant. The Nordstroms paid the plaintiff $25,000 in return for a release that was executed in advance of the trial of the plaintiffs products liability action against the defendant. The products liability action was tried to a jury, which returned a plaintiffs verdict in the amount of $250,000, reduced to $175,000 because of a jury finding that the plaintiffs conduct had contributed 30 percent to the accident. The trial court, Vasington, J., rendered a judgment in accordance with the jury’s verdict. That judgment was subsequently appealed to, and affirmed by, the Appellate Court. Ames v. Sears, Roebuck & Co., 8 Conn. App. 642, 514 A.2d 352 (1986). We denied a petition for certification. Ames v. Sears, Roebuck & Co., 201 Conn. 809, 515 A.2d 378 (1986).

As Judge Hurley’s memorandum of decision in the present proceedings attests, the issue of the pretrial release of the Nordstroms, and their payment of $25,000, was addressed at three different junctures in the trial of the underlying litigation. The defendant first sought, unsuccessfully, to amend its pleadings to file a special defense relating to the Nordstroms’ settlement. The defendant then attempted, again unsuccessfully, to have the settlement admitted into evidence before the jury. Finally, the defendant relied on the settlement in its posttrial motions to have the verdict set aside and for a remittitur. The trial court, Vasington, J., denied these motions.

In its appeal to the Appellate Court, the defendant challenged only one of these adverse rulings relating to the Nordstrom settlement. It contended that the settlement should have been put before the jury because the governing statute, General Statutes § 52-216a,1 [19]*19unconstitutionally made an evidentiary distinction between a jury trial and a court trial. Because this constitutional claim had not been “distinctly raised at the trial”; Practice Book § 4185, the Appellate Court declined to consider it. Ames v. Sears, Roebuck & Co., 8 Conn. App. 642, 649, 514 A.2d 352 (1986). The defendant’s petition for certification raised no issue with regard to the Nordstrom settlement.

Subsequent to the Appellate Court decision, the defendant paid the plaintiff $150,000 and interest. When the plaintiff refused to discharge the judgment without a further payment of $25,000, the defendant filed the application for a writ of audita querela whose merits are presently before us. In its application, the defendant sought an adjudication that, in light of the $25,000 Nordstrom settlement, the plaintiff’s judgment should be “declared to be wholly satisfied and discharged, and all proceedings under any writ of execution be stayed . . . .” The trial court, Hurley, J., [20]*20denied the application on the ground that the relevant issues either had been resolved or should have been raised in the underlying proceedings. The defendant was accordingly ordered to pay the balance due on the judgment.

In the defendant’s appeal from this judgment, it maintains that the trial court erred in refusing to apply the common law rule that amounts paid in settlement to a plaintiff by a joint tortfeasor must be credited against any judgment obtained by the plaintiff against other joint tortfeasors. Dwy v. Connecticut Co., 89 Conn. 74, 95, 92 A. 883 (1915). The plaintiff responds that such a claim of error may not be raised by a post-judgment writ of audita querela unless the defendant can show some matter of defense or discharge that postdates the judgment, and that the defendant in this case has failed to make the necessary showing. As did the trial court, we agree with the plaintiff.

The ancient writ of audita querela has been defined as “a writ issued to afford a remedy to a defendant against whom judgment had been rendered, but who had new matter in defense (e.g., a release) arising, or at least raisable for the first time, after judgment.” A. Leff, “The Leff Dictionary of Law: A Fragment,” 94 Yale L. J. 1855, 2101 (1985); see also Black’s Law Dictionary (5th Ed. 1979) p. 120; 7 J. Moore, Federal Practice (1987) § 60.13; E. Stephenson, Connecticut Civil Procedure (1981) § 209. Because the writ impairs the finality of judgments, the common law precluded its use in cases in which- the judgment debtor sought to rely on a defense such as payment or a release that he had the opportunity to raise before the entry of judgment against him. Wintle v. Wright, 151 Me. 212, 213-14, 117 A.2d 68 (1955). “No authority has been cited to suggest that the writ of audita querela was ever available to present issues which were presented before the entry of the judgment attacked by the writ.” Ameri[21]*21can National Bank & Trust Co. v. Pennsylvania R. R. Co., 40 Ill. 2d 186, 193, 238 N.E.2d 385 (1968). “The writ of audita querela provides relief from a judgment at law because of events occurring subsequently which should cause discharge of a judgment debtor.” Lapin v. Shulton, Inc., 333 F.2d 169, 171 (9th Cir.), cert. denied, 379 U.S. 904, 85 S. Ct. 193, 13 L. Ed. 2d 177 (1964).

The defendant has not challenged the proposition that a writ of audita querela depends upon a showing of “new matter in defense . . . arising, or at least raisable for the first time, after judgment.” A. Leff, supra. Although the defendant has not fully articulated the grounds for its alleged right to audita querela relief, it appears to be proffering two separate reasons why it has properly invoked the writ. First, the defendant maintains that its postjudgment payment of $150,000, and the plaintiffs subsequent insistence that another $25,000 was due and owing, for the first time made it possible to raise the issue of whether the defendant’s payment would constitute full satisfaction of the plaintiff’s judgment.

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Bluebook (online)
536 A.2d 563, 206 Conn. 16, 1988 Conn. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ames-v-sears-roebuck-co-conn-1988.