Quire v. City of Stamford

650 A.2d 535, 231 Conn. 370, 1994 Conn. LEXIS 399
CourtSupreme Court of Connecticut
DecidedNovember 22, 1994
Docket14940
StatusPublished
Cited by24 cases

This text of 650 A.2d 535 (Quire v. City of Stamford) 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
Quire v. City of Stamford, 650 A.2d 535, 231 Conn. 370, 1994 Conn. LEXIS 399 (Colo. 1994).

Opinion

Palmer, J.

The issue presented by this appeal is whether an employer who properly intervenes pursuant [372]*372to General Statutes § 31-293 (a)1 in an action brought by its employee against a municipality under General [373]*373Statutes § 13a-149,* 2 the “highway defect” statute, may obtain reimbursement from the municipality for workers’ compensation payments made to the employee for injuries suffered by the employee as a result of a defective highway. The defendant, the city of Stamford, moved for summary judgment on the complaint of the intervening plaintiff, United Parcel Service (UPS), and the trial court granted the defendant’s motion. UPS thereafter appealed the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We reverse the judgment of the trial court.

The relevant undisputed facts and procedural history are as follows. On May 18, 1987, while acting in the [374]*374course of his employment with UPS, the named plaintiff, Derrick C. Quire (plaintiff), came to stand on the curb portion of a catch basin located on the westerly side of Greenwich Avenue in Stamford. The catch basin collapsed, causing the plaintiff to fall and suffer injuries to his neck, back and knee. The plaintiff timely served on the defendant a written statement describing the accident and his injuries as required by § 13a-149. The plaintiff thereafter brought an action against the defendant under § 13a-149, alleging that his injuries were the result of the defendant’s failure to maintain the curb and catch basin in a safe condition.3 UPS filed a motion to intervene pursuant to § 31-293 (a), seeking reimbursement for benefits it had paid or had become obligated to pay to the plaintiff under the Workers’ Compensation Act,4 and the trial court, Hickey, J., granted the motion.

The defendant moved for summary judgment against UPS, alleging that only a “traveler” may maintain an action under § 13a-149 and, in the alternative, that UPS had failed to file with the defendant the notice required by § 13a-149. The trial court, Dean, J., granted the defendant’s motion for summary judgment on the ground that UPS itself could not maintain its action against the defendant in view of the fact that UPS was not a “traveler” on the allegedly defective road.5

[375]*375UPS claims that the trial court improperly granted the defendant’s motion for summary judgment because § 31-293 (a), not § 13a-149, defines an employer’s right to join in its employee’s action against a third party tortfeasor to obtain reimbursement for workers’ compensation payments made to its employee. UPS concedes that only a “traveler” may recover damages against a municipality under § 13a-149. See, e.g., Sanzone v. Board of Police Commissioners, 219 Conn. 179, 199, 592 A.2d 912 (1991); Aerotec Corp. v. Greenwich, 138 Conn. 116, 119, 82 A.2d 356 (1951). UPS contends, however, that having properly joined in the plaintiff’s action, it may maintain a derivative claim against the defendant under § 13a-149, solely to obtain reimbursement for workers’ compensation benefits, because it has complied with the requirements of § 31-293 (a) and the injured employee has complied with the requirements of § 13a-149. We agree.

Section 31-293 (a) authorizes an employer to obtain reimbursement for workers’ compensation benefits from a third party tortfeasor and, in so doing, implements the public policies of preventing double recovery by an injured employee; Durniak v. August Winter & Sons, Inc., 222 Conn. 775, 779-80, 610 A.2d 1277 (1992); and thereby containing the cost of workers’ compensation insurance. In accomplishing these objectives, the statute unconditionally and unambiguously authorizes reimbursement to the employer when the employer properly intervenes in the employee’s action against the third party tortfeasor and damages are recovered. Id., 780. There is no suggestion either in the plain language of § 31-293 (a) or in its legislative history that the legislature sought to limit the subrogation rights of an employer who otherwise complies with the requirements of that statute.

Moreover, “[w]e have repeatedly observed that our [Workers’ Compensation Act] represents a complex and [376]*376comprehensive statutory scheme balancing the rights and claims of the employer and the employee arising out of work-related personal injuries. Because of the comprehensive nature of the act, the responsibility for carving out exceptions from any one of its provisions belongs to the legislature and not to the courts.” Dur-niak v. August Winter & Sons, Inc., supra, 222 Conn. 781. In the absence of such express legislative intervention, we will not assume that the legislature intended to create an exception for actions brought under the “highway defect” statute. See id.

Similarly, there is no support for the defendant’s claim that the legislature intended § 13a-149 to serve as a bar to an employer’s right to reimbursement pursuant to § 31-293 (a) in connection with a claim by an injured employee against a municipality under the “highway defect” statute. In no respect is the right of UPS under § 31-293 (a) to obtain reimbursement from the defendant inconsistent with the requirement that only the plaintiff, as the injured “traveler,” may recover damages under § 13a-149. The employer’s claim against a municipality under § 13a-149, brought solely for the purpose of obtaining reimbursement for the payment of workers’ compensation benefits under § 31-293 (a), is derived entirely from the plaintiff’s right to recover damages against the municipality under § 13a-149. The injured “traveler,” therefore, retains the exclusive right to recover damages against a municipality for injuries sustained by virtue of a defective highway.

Contrary to the defendant’s arguments, moreover, our decision in Sanzone v. Board of Police Commissioners, supra, 219 Conn. 179, does not suggest a different result. We concluded in Sanzone that the spouse of an injured “traveler” may not maintain a loss of consortium claim against a municipality under § 13a-149, noting that such a claim under the “highway defect” [377]*377statute is implicitly barred by General Statutes § 52-557n.6 Id., 200. There is, however, no comparable statutory prohibition against an employer’s seeking reimbursement for workers’ compensation benefits paid to an employee who has initiated an action against a third party tortfeasor under § 13a-149. Indeed, § 31-293 (a) expressly affords an employer the right to do so. Moreover, unlike the spouse who seeks damages for loss of consortium, the employer who intervenes in its employee’s action as authorized by § 31-293 (a) does not enlarge the amount of the recovery against the municipality. Rather, the employer may only obtain reimbursement for workers’ compensation benefits paid to its employee from any damages recovered by the employee.

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

Related

Pacific Ins. Co., Ltd. v. Champion Steel, LLC
146 A.3d 975 (Supreme Court of Connecticut, 2016)
Bellman v. Town of West Hartford
900 A.2d 82 (Connecticut Appellate Court, 2006)
Goodyear v. Discala
849 A.2d 791 (Supreme Court of Connecticut, 2004)
Colonial Penn Insurance Co. v. Burnham, No. Cv 01 0810486 S (Apr. 11, 2002)
2002 Conn. Super. Ct. 4450 (Connecticut Superior Court, 2002)
Isaacs v. Ottaviano
783 A.2d 485 (Connecticut Appellate Court, 2001)
Savaria v. Town of Groton, No. 116532 (Jul. 13, 2000)
2000 Conn. Super. Ct. 8276 (Connecticut Superior Court, 2000)
Rodrigues v. Corbett, No. Cv. 99 0153816 (Nov. 18, 1999)
1999 Conn. Super. Ct. 15432 (Connecticut Superior Court, 1999)
Blakeslee v. Town of Ridgefield, No. Cv97-032 66 81 S (Mar. 8, 1999)
1999 Conn. Super. Ct. 2950 (Connecticut Superior Court, 1999)
Geherty v. Connecticut Yankee Atomic Pr., No. Cv 95 0546860s (Apr. 20, 1998)
1998 Conn. Super. Ct. 5195 (Connecticut Superior Court, 1998)
Brosnan v. Sacred Heart University, No. 333544 (Oct. 21, 1997)
1997 Conn. Super. Ct. 9874 (Connecticut Superior Court, 1997)
Nichols v. Lighthouse Restaurant, Inc.
700 A.2d 114 (Connecticut Appellate Court, 1997)
Pinney v. May, No. Cv96-0254468s (Jul. 17, 1997)
1997 Conn. Super. Ct. 7902 (Connecticut Superior Court, 1997)
Walrath v. St. Thomas More School, Inc., No. 108851 (Jan. 13, 1997)
1997 Conn. Super. Ct. 252-LLLLL (Connecticut Superior Court, 1997)
Abru v. Seri, No. 32 50 13 (Jan. 10, 1997)
1997 Conn. Super. Ct. 412 (Connecticut Superior Court, 1997)
Nichols v. the Lighthouse Restaurant Inc., No. Cv 93-0351086 (Aug. 15, 1996)
1996 Conn. Super. Ct. 5758 (Connecticut Superior Court, 1996)
Continental Casualty Co. v. City of Waterbury, No. 130458 (Aug. 2, 1996)
1996 Conn. Super. Ct. 5261-KKK (Connecticut Superior Court, 1996)
Gionet v. General Dynamics Corp., No. 533138 (Jul. 24, 1996)
1996 Conn. Super. Ct. 5102 (Connecticut Superior Court, 1996)
Rana v. Ritacco
672 A.2d 946 (Supreme Court of Connecticut, 1996)
City of Groton v. Commercial Union Insurance, No. 536331 (Mar. 7, 1996)
1996 Conn. Super. Ct. 1500 (Connecticut Superior Court, 1996)
Northland Insurance Co. v. Bridgeport, No. Cv 93308102s (Jun. 30, 1995)
1995 Conn. Super. Ct. 6447 (Connecticut Superior Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
650 A.2d 535, 231 Conn. 370, 1994 Conn. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quire-v-city-of-stamford-conn-1994.