Nanavati v. Tobey, No. Cv92 0038758 S (Mar. 29, 1993)
Opinion of the Court
The defendant moves to join the Town of Seymour as an additional party defendant pursuant to General Statutes, Sec.
It is found that the defendant's motion should be denied. Whether this motion is granted or denied is discretionary with the court under Practice Book, Sec. 99: "[I]f a complete determination cannot be had without the presence of other parties, the court may direct that they be brought in." (Emphasis added.)
The present case involves a suit between one motor vehicle driver against another, sounding in negligence. It is not, as the defendant characterizes it in his proposed amended complaint, a case of joint tortfeasors under Tort Reform Act II.
Also, the plaintiff should be entitled to frame his complaint the way he chooses, he should not be forced to bring a cause of action which the defendant causes him to bring. "[T]he charges in the complaint frame the issues to be decided by the hearing tribunal." Veeder-Root Co. v. Commission on Human Rights Opportunities,
Further, it is clear that the Town of Seymour is not a necessary party because it has no interest in the case which would mandate the court's granting of this motion.
McGrath, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.