Lostritto v. Community Action Agency of New Haven, Inc.

848 A.2d 418, 269 Conn. 10, 2004 Conn. LEXIS 195
CourtSupreme Court of Connecticut
DecidedMay 18, 2004
DocketSC 16808
StatusPublished
Cited by76 cases

This text of 848 A.2d 418 (Lostritto v. Community Action Agency of New Haven, Inc.) 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
Lostritto v. Community Action Agency of New Haven, Inc., 848 A.2d 418, 269 Conn. 10, 2004 Conn. LEXIS 195 (Colo. 2004).

Opinions

Opinion

VERTEFEUILLE, J.

The principal issue in this appeal is whether General Statutes § 52-102b (a),1 which [13]*13requires service of an apportionment complaint within 120 days after the return date of the original complaint, is mandatory or directory in nature. The defendants, Community Action Agency of New Haven, Inc. (Com[14]*14munity Action), and Elizabeth Barrett, appeal from two judgments of dismissal rendered by the trial court in favor of both sets of apportionment defendants, Neuro-surgical Associates of Connecticut, P.C., and its employee, Harry P. Engel (collectively, Neurosurgical Associates), and Murphy and Lieponis, P.C., and its employee, Jonas Lieponis (collectively, Muiphy & Lie-ponis).2 The trial court, Robinson-Thomas, J., dismissed the apportionment complaint as to Neurosurgical Associates, concluding that the court lacked jurisdiction due to the defendants’ failure to serve Neurosurgical Associates within the 120 day time period mandated by § 52-102b (a).3 Acting on a separate motion, the trial court, Booth, J., dismissed the apportionment complaint as to Murphy & Lieponis, determining that the defendants’ failure to comply with the mandatory provisions of § 52-102b (a) prevented the court from exercising subject matter jurisdiction.

On appeal, the defendants claim that the 120 day time limitation for bringing an apportionment claim prescribed by § 52-102b (a) is directory, and therefore, the trial court, by interpreting that provision as mandatory, improperly dismissed their apportionment complaint. The defendants also claim that the trial court improperly dismissed the apportionment complaint in light of the trial court’s previous grant of an extension of time during which to bring the apportionment claim. We conclude that the 120 day time limitation contained in § 52-102b (a) is mandatory and we further determine that the ninety day extension was ineffective in extending that limitation period. We further conclude that noncompliance with § 52-102b implicates a court’s personal jurisdiction, not subject matter jurisdiction. [15]*15Accordingly, we affirm the judgments of the trial court dismissing the apportionment complaint as to all of the apportionment defendants.

The following facts and procedural history guide our resolution of this appeal. In a complaint dated May 21, 2001, with a return date of June 19, 2001, the plaintiff, Stephen Lostritto,4 commenced a personal injury action against the defendants, seeking damages for injuries allegedly sustained as a result of the defendants’ negligence in a motor vehicle accident.5 On October 12,2001, the defendants, who sought to apportion liability to the plaintiffs health care providers, filed a motion requesting a ninety day extension of time within which to serve an apportionment complaint. The defendants claimed that, because the apportionment complaint would allege medical malpractice, additional time beyond the 120 days provided by § 52-102b (a) was needed to conduct a reasonable inquiry, as required by General Statutes § 52-190a (a),6 into whether a good [16]*16faith basis existed for such a claim and to obtain the necessary good faith certificates. No objection to the motion was filed, and the trial court, Silbert, J., granted a ninety day extension on October 15, 2001. Thereafter, on January 14, 2002, the defendants served Neurosurgical Associates with a summons and complaint alleging that the apportionment defendants were hable to the plaintiff for a percentage of the claimed damages due to their alleged medical malpractice. Three days later, on January 17, 2002, the defendants served Murphy & Lieponis with the same complaint.

On February 4, 2002, Neurosurgical Associates filed a motion to dismiss the apportionment complaint as it pertained to it, arguing that “the court lack[ed] jurisdiction over these Apportionment Defendants because the Apportionment Complaint [was] not in compliance with the requirements of ... § 52-102b (a).” The defendants objected, arguing that the apportionment complaint was timely filed within the ninety day extension period previously granted by the trial court and, therefore, the court had jurisdiction over the action. The trial court, Robinson-Thomas, J., granted Neurosurgical Associates’ motion, ruling that, despite the ninety day extension, it did not have jurisdiction over the apportionment action because the apportionment complaint was filed more than 120 days after the return date of the original complaint as mandated by § 52-102b (a). Thereafter, the trial court rendered a partial judgment of dismissal in favor of Neurosurgical Associates.

Murphy & Lieponis, by way of a separate motion filed on February 13, 2002, also sought to dismiss the apportionment complaint as it pertained to it. Murphy & Lieponis, like Neurosurgical Associates, claimed that the 120 day window provided by § 52-102b (a) was mandatory; however, Murphy & Lieponis specifically argued that the court “lackfed] subject matter jurisdiction over [17]*17the Apportionment Complaint because it was not filed within 120 days of the return date specified in [the] [plaintiffs original complaint, as required by [§] 52-102b (a) . . . .” Again, the defendants objected, claiming that the apportionment complaint was timely filed within the ninety day extension period and, therefore, the court had jurisdiction over the apportionment action. The trial court, Booth, J., granted Murphy & Lieponis’ motion to dismiss, ruling that § 52-102b (a) mandates that an apportionment complaint be filed within 120 days of the return date on the original complaint, and, in the present case, the defendants’ failure to do so deprived the court of subject matter jurisdiction. Subsequently, the trial court rendered a partial judgment of dismissal in favor of Murphy & Lieponis.

The defendants appealed from the trial court’s judgment of dismissal as to Neurosurgical Associates to the Appellate Court.7 We then transferred the appeal to this court pursuant to General Statutes § 51-199 (c) and Practice Book § 65-1. The defendants subsequently amended their appeal to this court to include the trial court’s judgment of dismissal in favor of Murphy & Lieponis.

I

The defendants’ first claim on appeal is that the 120 day time limitation for bringing an apportionment claim prescribed by § 52-102b (a) is directory and, therefore, the trial courts, which interpret,ed § 52-102b (a) as mandatory, improperly dismissed their apportionment complaint. The apportionment defendants maintain that compliance with the time limitation contained in § 52-102b (a) is mandatory and, therefore, because the defendants served the apportionment complaint more than [18]*18120 days after the return date of the original complaint, the trial courts properly dismissed the apportionment action. We agree with the apportionment defendants. We further conclude that § 52-102b (a) implicates personal jurisdiction, not subject matter jurisdiction.8

Resolution of this issue requires us to construe the relevant statutory provision, namely, § 52-102b (a). Thus, the question of whether the 120 day time limitation contained in § 52-102b (a) is mandatory presents a question of statutory interpretation over which our review is plenary. See Waterbury

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Cite This Page — Counsel Stack

Bluebook (online)
848 A.2d 418, 269 Conn. 10, 2004 Conn. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lostritto-v-community-action-agency-of-new-haven-inc-conn-2004.