Silva v. Helvenston, No. 087512 (Dec. 18, 1990)

Connecticut Superior Court

Silva v. Helvenston, No. 087512 (Dec. 18, 1990)

1990 Conn. Super. Ct. 4932

Connecticut Superior Court·Decided December 18, 1990·No. No. 087512·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] ORDER (#123) The court adopts the reasoning of Judge Hammer as set forth in Hull v. Cumberland Farms Food Stores, Inc., 35 Conn. Sup. 283 (1979), and his conclusion (p. 286) as follows:

"Although the facts giving rise to the duty CT Page 4933 owed to the plaintiffs are the same, each spouse has an entirely different cause of action and the assertion of one spouse's right within the statutory period of limitations does not excuse the failure to assert the other's separate and independent right."

The objection to the defendant's motion for partial summary judgment is overruled.

GAFFNEY, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] ORDER (#123) The court adopts the reasoning of Judge Hammer as set forth in Hull v. Cumberland Farms Food Stores, Inc., 35 Conn. Sup. 283 (1979), and his conclusion (p. 286) as follows:

"Although the facts giving rise to the duty CT Page 4933 owed to the plaintiffs are the same, each spouse has an entirely different cause of action and the assertion of one spouse's right within the statutory period of limitations does not excuse the failure to assert the other's separate and independent right."

The objection to the defendant's motion for partial summary judgment is overruled.

GAFFNEY, J.

Silva v. Helvenston, No. 087512 (Dec. 18, 1990), 1990 Conn. Super. Ct. 4932 (Colo. Ct. App. 1990).

Pincite

1990 Conn. Super. Ct. 4932 (Silva v. Helvenston, No. 087512 (Dec. 18, 1990)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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