Farrell v. Viski, No. Cv 99 0270274s (Dec. 18, 2002)

Connecticut Superior Court

Farrell v. Viski, No. Cv 99 0270274s (Dec. 18, 2002)

2002 Conn. Super. Ct. 16313

CourtConnecticut Superior Court

DecidedDecember 18, 2002

DocketNo. CV 99 0270274S

StatusUnpublished

This text of 2002 Conn. Super. Ct. 16313 (Farrell v. Viski, No. Cv 99 0270274s (Dec. 18, 2002)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farrell v. Viski, No. Cv 99 0270274s (Dec. 18, 2002), 2002 Conn. Super. Ct. 16313 (Colo. Ct. App. 2002).

Pincite

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

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 CT Page 16314

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