Rutter v. Janis

334 Conn. 722
CourtSupreme Court of Connecticut
DecidedFebruary 25, 2020
DocketSC20122
StatusPublished
Cited by16 cases

This text of 334 Conn. 722 (Rutter v. Janis) 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
Rutter v. Janis, 334 Conn. 722 (Colo. 2020).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** CASEY LEIGH RUTTER v. ADAM JANIS ET AL. NANCY BEALE, ADMINISTRATRIX (ESTATE OF LINDSEY BEALE) v. LUIS MARTINS ET AL. JASON FERREIRA v. LUIS MARTINS ET AL. (SC 20122) Robinson, C. J., and Palmer, McDonald, D’Auria, Mullins and Vertefeuille, Js.*

Syllabus

Pursuant to statute (§ 14-60 (a) (3)), a motor vehicle dealer may loan a dealer license plate to a person who ‘‘has purchased a motor vehicle from such dealer, the registration of which is pending,’’ for a period of ‘‘not more than thirty days in any year,’’ and a dealer that has complied with the requirements of § 14-60 (a) is not liable for damages caused by an insured operator of the motor vehicle while the dealer license plate is displayed within that thirty day period. The plaintiffs, in three separate actions, sought to recover damages from the defendant D Co., a motor vehicle dealer, among others, for personal injuries sustained in an automobile accident involving a vehicle driven by the defendant M and displaying D Co.’s dealer license plate. On May 9, 2013, at approximately 7 p.m., M executed an agreement with D Co. in connection with his purchase of the vehicle from D Co., and D Co. loaned M a dealer license plate pursuant to § 14-60 (a) while the vehicle registration process was pending. The accident occurred on June 8, 2013, at approximately 3 p.m. The plaintiffs alleged, inter alia, that D Co. was liable for the damages resulting from the accident because it occurred beyond the thirty day period set forth in § 14-60 (a). D Co. filed a motion for summary judgment in each action, claiming that it was not liable because the accident had occurred within the statutory thirty day period and it otherwise had complied with the requirements of the statute. In granting D Co.’s motions for summary judgment and rendering judgments thereon for D Co., the trial court concluded, inter alia, that the June 8, 2013 accident occurred on the thirtieth day after D Co. loaned M the dealer license plate on May 9, 2013, because the day on which the loan of the dealer license plate occurred did not count for purposes of the statute. The trial court thus concluded that the accident occurred within the thirty day period. The plaintiffs appealed to the Appellate Court, which affirmed the judgments of the trial court, concluding, inter alia, that the trial court properly excluded the day on which the loan of the plate was made in calculating whether the accident occurred within the thirty day time limit of § 14-60 (a). On the granting of certification, the plaintiffs filed a joint appeal with this court. Held: 1. The Appellate Court correctly concluded that the trial court had properly excluded May 9, 2013, the date on which D Co. loaned the dealer license plate to M, for purposes of calculating the thirty day period under § 14- 60 (a), and, because May 10, 2013, was the first day of that period and the accident occurred on June 8, 2013, the accident occurred within the thirty day limitation period of § 14-60 (a): applying relevant principles of statutory construction to § 14-60 (a), which does not define the word ‘‘days’’ or specify how the thirty day period is to be computed, this court concluded that, in the absence of any explicit textual evidence to the contrary, the legislature intended the term ‘‘days’’ in § 14-60 (a) to be interpreted consistently with its established legal meaning as an indivisi- ble calendar day that runs for a twenty-four hour period from midnight to midnight rather than a fraction of a day, and, because D Co. loaned the dealer license plate to M at approximately 7 p.m. on May 9, 2013, and, therefore, not for a full calendar day on May 9, 2013, that date must be excluded for purposes of computing the thirty day period under § 14-60 (a); moreover, such a construction is consistent with the well established rule that, in the absence of statutory language requiring otherwise, the day of the act from which a future time is to be ascertained is to be excluded from the calculation, and this court uniformly has adhered to that rule as a matter of policy in order to ensure uniformity and predictability in the computation of statutory deadlines. 2. The plaintiffs could not prevail on their claim that a genuine issue of material fact existed as to whether the parties intended the date of the loan of the dealer license plate to be included in computing the thirty day period under § 14-60 (a), as the evidence on which the plaintiffs relied, including the terms of the loan agreement, related only to when the parties intended the loan agreement to begin running, and, as a matter of law, the intent of the parties does not bear on the issue of whether the date of the loan is to be excluded from the thirty day period, which is a question of statutory construction that depends instead on the intent of the legislature. Argued September 23, 2019—officially released February 25, 2020

Procedural History

Actions, in the first and third cases, to recover dam- ages for personal injuries sustained as a result of the defendants’ alleged negligence, and action, in the sec- ond case, to recover damages for the wrongful death of the plaintiff’s decedent as a result of the defendants’ alleged negligence, brought to the Superior Court in the judicial district of Waterbury, where the cases were consolidated; thereafter, the court, Brazzel-Massaro, J., granted the motions for summary judgment filed by the defendant Danbury Fair Hyundai, LLC, in each case and rendered judgments thereon, from which the plain- tiff in each case appealed to the Appellate Court, Keller, Elgo and Bear, Js., which consolidated the appeals and affirmed the trial court’s judgments; subsequently, on the granting of certification, the plaintiff in each case filed a joint appeal with this court. Affirmed. James J. Healy, with whom were Joel T. Faxon and Alinor C. Sterling, and, on the brief, J. Craig Smith, Cynthia C. Bott and Nathan C. Nasser, for the appel- lants (plaintiff in each case). James F. Shields, with whom was David M. Houf, for the appellee (defendant Danbury Fair Hyundai, LLC). Opinion

MULLINS, J. Subject to certain requirements, General Statutes § 14-60 (a) permits motor vehicle dealers to temporarily loan a dealer license plate to, inter alia, the purchaser of one of their vehicles while that purchaser’s registration is pending, but ‘‘for not more than thirty days in any year . . .

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Cite This Page — Counsel Stack

Bluebook (online)
334 Conn. 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rutter-v-janis-conn-2020.