Pena-Walzak v. Johnson, No. 36 49 37 (Jul. 30, 1990)
Opinion of the Court
The defendant moves this court to strike the prayer for relief in the revised complaint to the extent that the plaintiff seeks double and treble damages pursuant to
Prior to being declared unconstitutional, C.G.S.
Each person who by neglecting to conform to any provision of
14-230 to14-242 , inclusive, or14-245 , or14-247 , causes any injury to the person or property of another, shall be liable to the party injured in double or treble damages if, in the discretion of the court in which any action is pending, double or treble damages are just, with the costs of such action.
In a decision released on March 22, 1988, the Connecticut Supreme Court declared C.G.S.
In response to the Bishop case the legislature repealed C.G.S.
The new act reads in relevant part:
In a civil action to recover damages resulting from personal injury, wrongful death or damage to property, the trier of fact may award double or treble damages if the injured party has specifically pleaded that another party has deliberately or with reckless disregard operated a motor vehicle in violation of
14-218a ,14-219 ,14-222 ,14-227a ,14-230 ,14-239 ,14-237 ,14-239 or14-240a , and that such violation was a substantial factor in causing such injury, death or damage to property.
The plaintiff revised complaint of January 10, 1990, claims that the following statutory sections were violated by the defendant:
C.G.S.
The defendant alleges that P.A. 88-229 should only be applied prospectively from the date it became effective, October 1, 1988, and therefore a complaint filed prior to that date cannot seek double or treble damages under C.G.S.
The plaintiff claims that the new C.G.S.
The issue before this court is whether the new version of C.G.S.
Generally, a statute effecting substantial changes in the law or an amendatory act which causes changes in existing statutes is not to be given a retroactive effect unless it clearly and CT Page 552 unequivocally appears that such was the legislative intent . . . . Hunter v. Hunter,
The presumption is that statutes affecting substantive rights are intended to operate prospectively, and to furnish a rule for further cases only, unless they contain language unequivocally and certainly embracing past transactions. (Citations omitted). Legislation which increases statutory liability has generally been held to be substantive in nature. Id., 332. Moreover, a statute which in form, provides but a change in remedy but actually brings about changes in substantive rights is not subject to retroactive application. Id.
Our Supreme Court has consistently held that there is a general presumption that legislation is intended to operate prospectively, and has repeatedly expressed a reluctance to give retroactive application to statutes. Rudewicz v. Gagne,
In this instance, P.A. 88-229 is silent as to its retroactive applicability. Where a statute is silent in that regard, the rule to be applied to determine whether it is prospective or retroactive, depends, in some measure, on whether it affects substantive or procedural matters. Jones Destruction, Inc. v. Upjohn,
Substantive law is that part of law which creates, defines and regulates rights, as opposed to "adjective or remedial law," which prescribes method of enforcing the rights or obtaining redress for their invasion. Substantive law is that which creates duties, rights and obligations, while "procedural or remedial law" prescribes methods of enforcement of rights or obtaining redress. Black's Law Dictionary, 5th edition, 1979, page 1281.
In the case at bar, P.A. 88-229 did not merely amend C.G.S.
The new C.G.S.
First, the new act removes the authority from the court in a CT Page 553 jury case to allow multiple damages and reposes this function in the trier of fact. This resting of authority in the trier of fact is the creation of a right which did not appear in the original statute.
Second, the legislature sought to upgrade the gravity of the statutes enumerated in the new act (as opposed to those statutes included in the repealed act) that would allow multiple damages for their violation. The legislature did not include in the new act certain statutes which had been included in the repealed act (C.G.S.
A review of those statutes not included and those newly added clearly demonstrate that the legislature intended to remove from the consideration of the trier of fact the awarding of multiple damages for the violation of the less serious motor vehicle offenses, the so-called rules of the road statutes.
The comments of Representative Tulisano wherein he indicated the purpose of the proposed act is helpful:
. . . it also limits those cases in which double or treble damages may in fact be awarded.
There's been a great inconsistence, I think, over the years for minor offenses in which treble damages could be possible, and some serious offenses where it was not possible.
What the committee is attempting to do is to determine those kinds of matters which I think are very serious and which the public policy should say that treble damages could be awarded. Those include speeding, driving under the influence, reckless driving, and a number of other areas.
We have omitted from our current statutes a series of other activities which we don't believe are as important to be covered by this area. House of Representatives, Vol. 31, part 11, page 3685.
In lieu of the so-called rules of the road offenses deleted from the repealed act, the, legislature did include in the new act certain more serious motor vehicle offenses (C.G.S.
It must also be considered that each statute which had been included in the repealed act and not included in the new version removed from the injured party the right, previously enjoyed, to seek multiple damages in the event that any one of the specified statutes was violated by the wrongdoer. Likewise, each statute enumerated in the new act which was not in the repealed version created new rights in the injured party, and new liabilities for the wrongdoer, which did not exist prior to October 1, 1988.
These changes from the repealed act are substantive in nature.
Thirdly, the new statute included language, not found in the original statutes which imposed on the injured party who seeks multiple damages the obligation, to allege that the particular statute was violated "deliberately" or with "reckless disregard." The injured party must also allege that such a violation was a "substantial factor" in causing the injury or loss.
The new act raises the quantum of proof that an injured party must demonstrate in order to enable him to recover multiple damages from one of simple negligence to one of deliberateness or reckless disregard.
Representative Tulisano, in support of the new act, indicated that relevant to the standard to be applied in the awarding of (multiple) damages it was to be "deliberate" or with "reckless disregard" and not one of simple negligence. House of Representatives, April 20, 1988, Volume 31, part 11, page 3684.
Though the courts in interpreting the predecessors to
The legislature has, in effect, raised the threshold for an injured party to be eligible for the recovery of multiple damages. This has created a new duty upon the injured party that did not exist statutorily heretofore.
These changes from the repealed act are substantive in nature,
Conclusion
The issue of the prospective/retroactive applicability of the new version of C.G.S.
Some trial courts have held that where the plaintiff alleges a violation of a triggering statute which statute appears in both the old and new versions of
This court finds that the changes made to C.G.S.
The motion to strike is granted.
MIANO, JUDGE
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