Gill v. Petrazzuoli Bros.

521 A.2d 212, 10 Conn. App. 22, 1987 Conn. App. LEXIS 838
Connecticut Appellate Court·Decided February 24, 1987·No. 4065·Published·Cited by 47 cases

Opinion

Borden, J.

The defendants1 appeal and the plaintiff cross appeals from the judgment rendered after a jury verdict in favor of the plaintiff on separate counts of conversion, fraud, a violation of the Connecticut Unfair Trade Practices Act (CUTPA); General Statutes [24]*24§§ 42-110a through 42-110q; and fraudulent conveyance. The defendants claim that the trial court erred (1) in denying their motion for a directed verdict,2 which was based on the ground that the plaintiff lacked standing to bring the action, (2) in failing to instruct the jury properly on ownership of a car, (3) in denying the defendants’ motion to set aside the verdict as excessive, and (4) in improperly commenting on the evidence as it related to the fraudulent conveyance count. In her cross appeal, the plaintiff claims that the trial court erroneously concluded that the jury, not the court, awards attorney’s fees under § 42-110g (d) of CUTPA and, therefore, was in error when it denied the plaintiff’s motion for such fees after the jury verdict in her favor. We find no error on the appeal. We find error on the cross appeal.

The jury could reasonably have found the following facts. James H. Butts, Jr., the plaintiffs son, purchased a 1975 Volvo automobile in 1977 for $3800 after securing a credit union loan. In 1978 or 1979, Butts joined the Navy and gave the car to the plaintiff, his mother. The registration and certificate of title, however, remained in Butts’ name. The plaintiff paid off $3000 of the $3800 credit union loan, exclusively used the car for almost two years and paid all taxes, insurance and maintenance on it.

In September, 1980, the plaintiff brought the car to a garage owned by the named defendant, Petrazzuoli Brothers, Inc. (Petrazzuoli), for repairs. Lawrence DeAngelis, president of Petrazzuoli, gave the plaintiff an oral estimate of $400 to $450 for the repair work. A week or two later, DeAngelis called the plaintiff and informed her that her car was repaired and that the bill totaled $991.02. The plaintiff could not pay the [25]*25entire bill at that time. DeAngelis agreed to hold the automobile until the repair bill was paid, and to accept periodic payments. The plaintiff made a payment of $200 on October 4,1980, and $100 a week or two later. On October 23, 1980, she received a notice from DeAngelis stating that she now had a bill for storage in the amount of $300, and that if the entire $991.02 bill were not paid within five days, the automobile would be sold pursuant to General Statutes § 14-150.3 Prior to this notice, there had been no discussion of storage fees. The plaintiff attempted to contact DeAngelis on numerous occasions but was unsuccessful. Petrazzuoli sold the car for $1000 on October 29,1980. The plaintiff nonetheless continued to make payments on the credit union loan for another two years until it was paid off. Soon after selling the plaintiffs car, Petrazzuoli transferred its real estate to the defendant, Automatic Propane Equipment, Inc., for no consideration. DeAngelis was president of both corporations.

The jury returned a verdict in the plaintiffs favor against both defendants on all four counts of the complaint. The jury awarded the plaintiff $12,816 in compensatory damages, and $3845 in punitive damages.

The Defendants’ Appeal

The defendants’ first and second claims of error are flip sides of the same coin and will be treated together. The defendants argue initially that the plaintiff was not the “owner” of the car within the meaning of title 14 of the General Statutes and, therefore, was not injured [26]*26by the defendants’ conduct. Consequently, they claim, she lacked standing to bring the action, and the defendants’ motion for a directed verdict on this ground should have been granted. Concomitantly, the defendants claim that the trial court erred in its instructions to the jury on the concept of ownership of the car. Additionally, they claim error in the trial court’s failure to charge, as requested, on the statutorily prescribed method of transferring ownership. The success of these claims depends upon our acceptance of the defendants’ definition of “owner.”

The defendants seek to persuade us that definitions found in title 14 of the General Statutes are controlling in this action. General Statutes § 14-1 (37) states that an owner is “any person holding title to a motor vehicle, or having the legal right to register the same . . . .” That definition applies to chapter 246 of the General Statutes, which covers such subjects as the department of motor vehicles, registration of motor vehicles, dealers’ and repairers’ licenses, required mechanical equipment standards. General Statutes § 14-165 (f) defines an owner, in pertinent part, as “a person . . . having the property in or title to a vehicle.” That definition applies to chapter 247 of the General Statutes, which is the Uniform Motor Vehicle Certificate of Title and Anti-Theft Act. Under these definitions, the defendants argue, a person is an owner of a motor vehicle only if he holds title to it or has the legal right to register it. Since the plaintiff’s son was the title holder and registered owner of the car, the defendants’ argue, he was the owner for purposes of this case, and the plaintiff lacked standing to sue for the loss of the car. We disagree.

The definitions in title 14 do not control this action. Those definitions apply to the statutory subjects covered by chapters 246 and 247 of the General Stat[27]*27utes. They do not apply to the private causes of action involved in this case, to which a more expansive definition of “owner” applies.

In Hope v. Cavallo, 163 Conn. 576, 316 A.2d 407 (1972), our Supreme Court was faced with a similar issue, namely, whether the plaintiff could sue the state of Connecticut for negligent operation of a motor vehicle under General Statutes § 52-556. That statute authorized a cause of action for injuries caused by motor vehicles owned by the state. The United States government held title to the truck involved in the accident. The truck had been “issued” to the state. The state claimed that since it was not the owner of the truck, the plaintiff could not sue it under the statute.

The Supreme Court held otherwise and stated, “[t]he term ‘owner’ is one of general application and includes one having an interest other than the full legal and beneficial title. . . . The word owner is one of flexible meaning, and it varies from an absolute proprietary interest to a mere possessory right. . . . It is not a technical term and, thus, is not confined to a person who has the absolute right in a chattel, but also applies to a person who has possession and control thereof.” (Citations omitted.) Id., 580-81; see also Smith v. Planning & Zoning Board, 3 Conn. App. 550, 553, 490 A.2d 539 (1985); Lazoff v. Padgett, 2 Conn. App. 246, 249, 477 A.2d 155, cert. denied, 194 Conn. 806, 482 A.2d 711 (1984). “In addition, it should also be noted that, generally, the individual who must sustain the loss of property in case of destruction is considered the owner and ‘both in common parlance and legal acceptation, [the] property is his.’ ” (Emphasis in original.) Hope v. Cavallo, supra, 585.

Free access — add to your briefcase to read the full text and ask questions with AI

Gill v. Petrazzuoli Bros., 521 A.2d 212, 10 Conn. App. 22, 1987 Conn. App. LEXIS 838 (Colo. Ct. App. 1987).

521 A.2d 212 (Gill v. Petrazzuoli Bros.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Stone v. East Coast Swappers, LLC
337 Conn. 589 (Supreme Court of Connecticut, 2020)
Stone v. East Coast Swappers, LLC
213 A.3d 499 (Connecticut Appellate Court, 2019)
Thorsen v. DURKIN DEVELOPMENT, LLC
20 A.3d 707 (Connecticut Appellate Court, 2011)
Label Systems Corp. v. Samad Aghamohammadi
852 A.2d 703 (Supreme Court of Connecticut, 2004)
Cohen v. Yale-New Haven Hospital, No. 365908 (Jan. 17, 2003)
2003 Conn. Super. Ct. 1406 (Connecticut Superior Court, 2003)
Northington Partners v. Executive Risk, No. X03 Cv99 0506449s (Oct. 3, 2002)
2002 Conn. Super. Ct. 12581 (Connecticut Superior Court, 2002)
Edwards v. Novartis Consumer Health, No. X06-Cv-01-0167425s (Jul. 15, 2002)
2002 Conn. Super. Ct. 8920 (Connecticut Superior Court, 2002)
Fabri v. UNITED TECHS. INT'L., INC.
193 F. Supp. 2d 480 (D. Connecticut, 2002)
Bauer v. Pounds
762 A.2d 499 (Connecticut Appellate Court, 2000)
Bristol Technology, Inc. v. Microsoft Corp.
127 F. Supp. 2d 64 (D. Connecticut, 2000)
Lorenzetti v. Jolles
120 F. Supp. 2d 181 (D. Connecticut, 2000)
Kay v. Seiden, No. Cv94 6048587s (Aug 4, 1999)
1999 Conn. Super. Ct. 10738 (Connecticut Superior Court, 1999)
Yeong Gil Kim v. Magnotta
714 A.2d 38 (Connecticut Appellate Court, 1998)
Malizia v. Marini, No. Cv 96 0152381 (Nov. 28, 1997)
1997 Conn. Super. Ct. 11571 (Connecticut Superior Court, 1997)
Perry v. Myers, No. 0541377 (Nov. 13, 1997)
1997 Conn. Super. Ct. 12277 (Connecticut Superior Court, 1997)
Joyce v. Telog Corp., No. 379523 (Feb. 7, 1997)
1997 Conn. Super. Ct. 845 (Connecticut Superior Court, 1997)
Jacques All Trades Corp. v. Brown
679 A.2d 27 (Connecticut Appellate Court, 1996)
Budris v. Allstate Insurance Company, No. Cv 93 0062292 (Jul. 17, 1995)
1995 Conn. Super. Ct. 7792 (Connecticut Superior Court, 1995)