Seismograph Service (England), Ltd. v. Bolt Associates, Inc.

513 A.2d 180, 8 Conn. App. 446, 1986 Conn. App. LEXIS 1095
CourtConnecticut Appellate Court
DecidedAugust 12, 1986
Docket4495
StatusPublished
Cited by7 cases

This text of 513 A.2d 180 (Seismograph Service (England), Ltd. v. Bolt Associates, Inc.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seismograph Service (England), Ltd. v. Bolt Associates, Inc., 513 A.2d 180, 8 Conn. App. 446, 1986 Conn. App. LEXIS 1095 (Colo. Ct. App. 1986).

Opinion

Bieluch, J.

This appeal arises out of a complex action involving a defective air compressor manufactured by the third party defendant, Gardner-Denver Company (Gardner-Denver), and sold by the defendant, Bolt Associates, Inc. (Bolt), to the plaintiff, Seismograph Service (England), Limited (Seismograph), as part of a much larger package of machinery. This appeal was filed by Bolt as a result of the trial court’s ruling that Gardner-Denver was entitled to try its counterclaim against Bolt in a separate proceeding after two [448]*448prior trials had already determined the respective issues of liability and damages on the other claims between the three parties. We find error.

The facts are not in dispute. Seismograph is engaged in the business of marine geographical surveying. In connection with its business, Seismograph purchased from Bolt for $199,885 components of machinery which were installed aboard a ship for the purpose of surveying the bottom of the North Sea off the coast of Norway in a search for oil deposits. The survey required that the machinery be continuously in operation for long periods of time. One of the main components of the package was an air compressor which had been purchased by Bolt from Gardner-Denver for $19,000. After 155 hours of use in connection with the survey of the North Sea, the compressor failed, making all components of the survey machinery inoperable. As a result, Seismograph’s ship was forced to return to Norway, where it was laid up for approximately fifty-four days while repairs and modifications were made to the air compressor.

Seismograph commenced the present action against Bolt, claiming that Bolt had breached both express and implied warranties that the machinery would be fit for Seismograph’s purposes. Bolt, in turn, impleaded Gardner-Denver, alleging that Bolt had relied upon Gardner-Denver’s warranties to it in using the air compressor as part of the package which it sold to Seismograph and that those warranties had been breached by Gardner-Denver. Gardner-Denver counterclaimed against Bolt for goods and services rendered to, but not paid for by Bolt.

The parties agreed to bifurcate the trial on the issues of breach of warranty and damages, respectively. As a result of the first trial, jury verdicts were rendered against Bolt in favor of Seismograph, and against [449]*449Gardner-Denver in favor of Bolt. After the second trial, the jury awarded damages of $194,177 to Seismograph, and damages of the same amount to Bolt. The trial court subsequently denied Bolt’s motion for attorney’s fees, concluding that Bolt’s recovery against Gardner-Denver “was not a pure indemnity situation.” Thereafter, Bolt moved for a judgment dismissing Gardner-Denver’s counterclaim against it, and for a final judgment on the court’s prior order denying its demand for attorney’s fees. Gardner-Denver objected to the motion relative to its counterclaim, arguing that it had never withdrawn its counterclaim and that it had expected the trial of that counterclaim to go forward after the first two trials were completed. The court denied Bolt’s motions for dismissal and final judgment. Bolt’s subsequent motion to amend its reply to Gardner-Denver’s counterclaim by adding a special defense of res judicata and collateral estoppel was also denied. Bolt and Gardner-Denver then stipulated to a judgment in favor of Gardner-Denver on its counterclaim in the amount of $7547.72, subject to Bolt’s right to appeal from this judgment and from all other issues as to which it had given proper notice of appeal.

Bolt claims that the trial court erred (1) in denying its motion for a final judgment on Gardner-Denver’s counterclaim, and thus permitting Gardner-Denver to obtain a third and separate trial on its counterclaim, (2) in denying its motion to amend its reply to Gardner-Denver’s counterclaim, and (3) in denying its demand for an award from Gardner-Denver of attorney’s fees incurred in defending Seismograph’s action against it for damages ultimately recovered on its third party complaint against Gardner-Denver.

Bolt’s first claim is that the court erred in permitting Gardner-Denver to obtain a third and separate trial on its counterclaim after two prior trials had already been litigated. We agree.

[450]*450On October 6, 1981, at the outset of the bifurcated trial held in this matter, the court stated that “evidence will be applicable, except where otherwise indicated, to the Complaint of the Plaintiff, The Defendant Bolt, both on their defense and their [third party complaint] against Gardner-Denver.” At that time, counsel for Gardner-Denver stated: “Of course, this doesn’t come up until we get to the damages, if we ever get there, our Counter Claim against Bolt.” Indeed, in their respective briefs, both parties agree that Gardner-Denver’s counterclaim was not to be involved in the first trial limited to the question of liability. The parties disagree, however, upon whether or not the counterclaim was to be a part of the second trial limited to the award of damages, if any, dependent upon the verdict as to liability in the first trial.

Bolt points to the aforementioned understanding of Gardner-Denver’s counsel at the outset of the litigation as evidence of his client’s own intent to raise the counterclaim during the second trial on the issue of damages. In addition, Bolt farther relies upon the fact that counsel for Bolt and Gardner-Denver both read their pleadings to the jury at the outset of the second trial, including the counterclaim in its entirety and Bolt’s answer to it.

In response to this argument, Gardner-Denver asserts that the court expressly precluded it from trying its counterclaim in the second trial. A review of the transcript, however, clearly demonstrates that this is not the case.

The ruling of the court at the beginning of the second trial to which Gardner-Denver refers relates solely to the issue of apportionment of the plaintiff’s damages between Bolt and Gardner-Denver. That issue had been raised in the second trial as to liability, and the court correctly refused to retry it. The ruling did not [451]*451extend, however, to Gardner-Denver’s counterclaim, which had never been tried. The counterclaim did not involve the issue of apportionment of the plaintiff’s damages in any way. It related to items and services furnished to Bolt by Gardner-Denver which allegedly were never paid for.

The trial court, in denying Bolt’s motion for a final judgment, found that “[tjhere is nothing in the court’s file or the transcript to indicate as proof that Gardner-Denver withdrew or abandoned its counterclaim.” We conclude that the contrary is the case. The damages trial was, by the uncontroverted evidence, the forum in which Gardner-Denver’s counterclaim was to be tried. At the outset of that trial, the counterclaim was read to the jury. Gardner-Denver has failed to point us to any evidence thereafter which it sought to present on its counterclaim, nor has it shown that the court precluded it from so doing.

The doctrine of res judicata applies “ ‘to any claims relating to the cause of action which were actually made or might have been made.’ ” Gagne v. Norton, 189 Conn. 29, 32, 453 A.2d 1162 (1983), quoting Corey v. Avco-Lycoming Division, 163 Conn. 309, 317, 307 A.2d 155 (1972), cert. denied, 409 U.S. 1116, 93 S. Ct. 903, 34 L. Ed. 2d 699 (1973).

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

Related

Chicago Title Ins. Co. v. Accurate Title Searches, Inc.
164 A.3d 682 (Connecticut Appellate Court, 2017)
G.L. Capasso Rest. v. West Haven Housing, No. Cv98-0063652s (Jul. 13, 2000)
2000 Conn. Super. Ct. 8303 (Connecticut Superior Court, 2000)
Gianquitti v. Sheppard
728 A.2d 1133 (Connecticut Appellate Court, 1999)
Royal Insurance Co. v. Padula, No. Cv94 0540730 (May 8, 1997)
1997 Conn. Super. Ct. 5579 (Connecticut Superior Court, 1997)
T J Food Markets v. J. P. Kempf Co., No. Cv 89-0287555 (Jun. 22, 1993)
1993 Conn. Super. Ct. 6101 (Connecticut Superior Court, 1993)
Coletta v. Westland Properties, No. Cv90 0271861 S (Oct. 8, 1992)
1992 Conn. Super. Ct. 9297 (Connecticut Superior Court, 1992)
Lehto v. Sproul
519 A.2d 1214 (Connecticut Appellate Court, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
513 A.2d 180, 8 Conn. App. 446, 1986 Conn. App. LEXIS 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seismograph-service-england-ltd-v-bolt-associates-inc-connappct-1986.