Tureck v. George

687 A.2d 1309, 44 Conn. App. 154, 1997 Conn. App. LEXIS 30
CourtConnecticut Appellate Court
DecidedJanuary 28, 1997
Docket14927
StatusPublished
Cited by18 cases

This text of 687 A.2d 1309 (Tureck v. George) 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
Tureck v. George, 687 A.2d 1309, 44 Conn. App. 154, 1997 Conn. App. LEXIS 30 (Colo. Ct. App. 1997).

Opinion

LAVERY, J.

The named plaintiff1 appeals from the judgment of the trial court denying him prejudgment interest from the date of the plaintiffs offer of judgment, filed subsequent to the granting of his motion for summary judgment on the issue of liability, until the time of the plaintiffs acceptance of the defendants’ offer of judgment.

The controlling issue in this appeal is whether the words “after trial,” as used in General Statutes § 52-192a (b),2 should be inteipreted to mean after a motion [156]*156for summary judgment has been granted only as to the issue of liability. The plaintiff argues that the word “trial,” as used in § 52-192a (b), encompasses the rendering of summary judgment as to the issue of liability only. We disagree and affirm the judgment of the trial court.

The relevant facts are as follows. On October 18, 1986, the plaintiff was operating a motor vehicle westbound on Route 80 in North Branford. The plaintiff had come to a stop when he was hit from behind by the named defendant, who was operating a motor vehicle owned by the defendant Catherine George. As a result of the collision, the plaintiff suffered a variety of injuries.

The plaintiff brought suit and on August 5,1991, filed a motion for summary judgment as to liability only. The trial court, Flanagan, J., granted the plaintiffs motion on August 26, 1991. On October 15, 1991, the plaintiff filed an offer of judgment in the amount of $100,000, to which the defendants did not respond. On April 13, 1995, the defendants filed an offer of judgment, offering to allow the plaintiff to take judgment for the sum of $100,000. On April 21, 1995, the plaintiff accepted the defendants’ $100,000 offer of judgment.

The plaintiff thereafter filed a motion for prejudgment interest in which he claimed $42,000 in interest from the defendants. The plaintiff contended that he was entitled to that amount because he recovered from the defendants an amount equal to his prior offer of judgment. The trial court, Hartmere, J., determined that there had been no trial and, therefore, concluded that [157]*157the plaintiff was not entitled to an award of interest. The plaintiff now appeals the judgment of the trial court.

The term “trial” is defined as “a judicial investigation and determination of the issues between the parties to an action.” 75 Am. Jur. 2d, Trial § 2. In a general sense, the term “trial” means “the investigation and decision of a matter in issue between parties before a competent tribunal, including all the steps taken in the case from its submission to the court or jury to the rendition of judgment.” 88 C.J.S., Trial § 1. In Connecticut, the term trial is defined in a criminal case as a “judicial proceeding at which the guilt or innocence of the defendant to the offense or offenses charged is to be determined.” Practice Book § 1021 (11). No parallel definition exists with respect to civil cases. We, therefore, look to the General Statutes and the rules of practice to deduce what the term encompasses in the context of a civil case. Lafayette Bank & Trust Co. v. Szentkuti, 27 Conn. App. 15, 20, 603 A.2d 1215, cert. denied, 222 Conn. 901, 606 A.2d 1327 (1992).

In his motion for summary judgment, the plaintiff sought summary judgment as to liability and an order for an immediate hearing in damages. Practice Book § 385 provides in relevant part: “A summary judgment, interlocrrtory in character, may be rendered on the issue of liability alone, although there is a genuine issue as to damages. In such case, the court shall order an immediate hearing before a referee, before the court, or before a jury . . . It is clear from the record that on August 26,1991, the trial court granted the interlocutory motion. No hearing in damages ever took place. A summary judgment on liability only is not a final judgment from which an appeal may be taken, since the judgment is not completed until damages have been assessed. Pinnix v. LaMorte, 182 Conn. 342, 343, 438 A.2d 102 (1980). The plaintiff filed his offer of judgment in the amount of $100,000 on October 15, 1991. No further [158]*158action took place until April 13, 1995, when the defendants made their offer of judgment to the plaintiff. It was only after the stipulated judgment was entered that the plaintiff moved for prejudgment interest on its offer of judgment.

Practice Book §§ 345 through 351 were adopted originally in 1978 in response to the passage of § 52-192a in 1976. W. Moller & W. Horton, 1 Connecticut Practice Series: Practice Book Annotated (1992) § 350, p. 545. We, therefore, look to the legislative intent and case law interpretation of § 52-192a to determine the meaning of “after trial” in the context of the offer of judgment by the plaintiff.

We conclude that the intent of the legislature is clear that § 52-192a interest should be imposed only after a judgment or award has been granted by the trial court. “Statutory construction is a question of law and therefore our review is plenary. . . . [0]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature. ... In seeking to discern that intent, we look to the words of the statute itself, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same general subject matter. . . . State v. Burns, 236 Conn. 18, 22-23, 670 A.2d 851 (1996); State v. Spears, 234 Conn. 78, 86-87, 662 A.2d 80 (1995).” (Internal quotation marks omitted.) State v. Harrell, 238 Conn. 828, 832, 681 A.2d 944 (1996). At the time the plaintiff made his offer of judgment in 1991, General Statutes (Rev. to 1991) § 52-192a (a) provided in pertinent part that “[w]ithin thirty days after being notified of the filing of the ‘offer of judgment’, the defendant or his attorney may file with the clerk of the court a written ‘acceptance of offer of judgment’ agreeing to a stipulation for judgment as contained in plaintiffs ‘offer of judgment’. Upon such [159]*159filing, the clerk shall enter judgment immediately on the stipulation. ...”

In 1994, the legislature passed Public Acts 1994, No. 94-20, which amended § 52-192a (a)3 to provide that the acceptance of an offer of judgment must be done prior to a jury verdict or court award. The reason for this amendment was set forth by Representative Dale W. Radcliffe on the house floor in debate on that act. In explaining the judiciary committee’s recommendation of the bill, he said: “Under existing law, as the chairman indicated, there are times when a verdict might be rendered by a jury.

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Bluebook (online)
687 A.2d 1309, 44 Conn. App. 154, 1997 Conn. App. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tureck-v-george-connappct-1997.