Aetna Life Casualty v. Glatzel-Mcadams, No. Cv 30 42 18 (Nov. 4, 1994)
Opinion of the Court
McAdams subsequently filed a motion to implead Fieldcrest Cannon, Inc. (Fieldcrest) and Caldor, Inc., as third party defendants for purposes of indemnification (#114). At that time, McAdams also filed a motion to cite in Fieldcrest and Caldor as party defendants for purposes of apportioning liability (#115). The motions were granted by the court, Ballen, J., on May 2, 1994.
On May 2, 1994, the sheriff served the third party summons and complaints upon the statutory agents for service for both Fieldcrest and Caldor. (McAdams served a summons and third party complaint for indemnification upon both Fieldcrest and Caldor, as well as a summons and "third party complaint" for apportionment of liability upon both Fieldcrest and Caldor.) In the third party complaints, McAdams alleges that the fire was caused by a defective electric blanket that was manufactured by Fieldcrest and distributed by Caldor. Caldor filed an appearance on May 19, 1994, and Fieldcrest filed an appearance on June 28, 1994.
On June 10, 1994, the plaintiff filed an amended revised complaint (#120). In the first count, the plaintiff asserts a negligence claim against McAdams. In the second and third counts, the plaintiff respectively asserts claims against Fieldcrest and Caldor pursuant to the Product Liability Act, General Statutes §
On July 11, 1994, Fieldcrest filed a motion to dismiss the plaintiff's amended revised complaint on the grounds of insufficiency of process, insufficiency of service of process and lack of personal jurisdiction (#123). On July 25, 1994, Caldor filed a motion to dismiss the plaintiff's amended revised complaint on the grounds of insufficiency of process, insufficiency of service of process and lack of personal jurisdiction (#125). CT Page 11265 LAW
"A motion to dismiss . . . `properly attacks the jurisdiction of the court, essentially asserting that the plaintiff cannot as a matter of law and fact state a cause of action that should be heard by the court.'" Gurliacci v. Mayer,
In support of their respective motions to dismiss, Fieldcrest and Caldor argue: (1) that the plaintiff improperly served the amended revised complaint by way of first class mail, instead of by way of sheriff as required by General Statutes §
General Statutes §
"A writ of summons is a statutory prerequisite to the commencement of a civil action." Hillman v. Greenwich,
In the present case, since the action has been commenced against Fieldcrest and Caldor prior to the time that the plaintiff filed the amended revised complaint which stated claims against these third-party defendants, the plaintiff did not have to proceed pursuant to General Statutes §
It is the responsibility of counsel filing [pleadings and other papers] to serve on each other party who has appeared one copy of every pleading subsequent to the original complaint. . . . When a party is represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court.
(Emphasis added.) Practice Book § 122 provides in pertinent part that "[s]ervice upon the attorney . . . except service pursuant to [Practice Book] § 121(c), may be made by delivering a copy to him orby mailing it to him at his last known address." (Emphasis added.) In the present case the plaintiff's amended revised complaint is a pleading which is subsequent to the "original" complaint, (i.e., it was filed subsequent to the third-party complaints). As such, the amended revised complaint can be served by mailing copies to the attorneys for Fieldcrest and Caldor, pursuant to Practice Book §§ 121(a) and 122. There is no need to have a sheriff serve the amended revised complaint on the statutory agents for Fieldcrest and Caldor.
Accordingly, the court denies Caldor's and Fieldcrest's respective motions to dismiss.
LAWRENCE L. HAUSER, JUDGE CT Page 11267
[EDITORS' NOTE: THE CASE THAT PREVIOUSLY APPEARED ON THIS PAGE HAS BEEN MOVED TO CONN. SUP. PUBLISHED OPINIONS.]
CT Page 11267-V
Case-law data current through December 31, 2025. Source: CourtListener bulk data.