Narcisse v. City of Stamford, No. Cv 0169939 (Jun. 18, 1999)

Connecticut Superior Court

Narcisse v. City of Stamford, No. Cv 0169939 (Jun. 18, 1999)

1999 Conn. Super. Ct. 7262

Connecticut Superior Court·Decided June 18, 1999·No. No. CV 0169939·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION The plaintiff claims that he has filed a common law negligence action against an individual defendant and is not pursuing an action against the defendant municipality and its employee, a fireman, as authorized by General Statutes §7-308. The complaint, however, names the City of Stamford as a defendant and alleges that the plaintiff notified the city of its intention to present a claim against it. Thus, Rowe v. Godon,209 Conn. 273, 277, 550 A.2d 1073 (1988) is distinguishable.

Since service of process was not made until after one year had elapsed, the action must be dismissed because § 7-308 requires suit to be initiated within one year after the cause of action arose, which was January 3, 1997. The sheriff received the writ and summons on January 2, 1999 and served the two defendants on January 4, 1999.

Motion #101 to dismiss is granted.

William Burke Lewis, Judge

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION The plaintiff claims that he has filed a common law negligence action against an individual defendant and is not pursuing an action against the defendant municipality and its employee, a fireman, as authorized by General Statutes §7-308. The complaint, however, names the City of Stamford as a defendant and alleges that the plaintiff notified the city of its intention to present a claim against it. Thus, Rowe v. Godon,209 Conn. 273, 277, 550 A.2d 1073 (1988) is distinguishable.

Since service of process was not made until after one year had elapsed, the action must be dismissed because § 7-308 requires suit to be initiated within one year after the cause of action arose, which was January 3, 1997. The sheriff received the writ and summons on January 2, 1999 and served the two defendants on January 4, 1999.

Motion #101 to dismiss is granted.

William Burke Lewis, Judge

Narcisse v. City of Stamford, No. Cv 0169939 (Jun. 18, 1999), 1999 Conn. Super. Ct. 7262 (Colo. Ct. App. 1999).

Pincite

1999 Conn. Super. Ct. 7262 (Narcisse v. City of Stamford, No. Cv 0169939 (Jun. 18, 1999)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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