Teris v. Dawson
Teris v. Dawson
Opinion of the Court
The plaintiff commenced this action claiming that the defendant, acting as her legal counsel, negligently represented her in two real estate transactions. The defendant demurred to the complaint on the ground that it improperly joined two separate causes of action in violation of § 86 of the Practice Book. On May 28, 1976, the court sustained the defendant’s demurrer and, on July 21, 1976, the defendant moved for judgment. On September 21, 1976, the plaintiff filed a motion to amend her complaint, which she withdrew the next day. Later that day the defendant filed a motion to expunge the plaintiff’s substituted complaint. On September 24, 1976, the court rendered judgment in favor of the defendant on the demurrer and denied the defendant’s motion to expunge. The plaintiff appealed from the entry of judgment on the demurrer and the defendant cross appealed. The defendant has since withdrawn his cross appeal. The sole question presented on appeal is whether the plaintiff’s complaint improperly joined two separate causes of action in violation of Practice Book § 86, thereby requiring that the court sustain the defendant’s demurrer.
The plaintiff claims that her complaint withstands the demurrer since it falls within the provisions of Practice Book §86(1) which states that “if several causes of action are united in the same complaint, they shall all be brought to recover . . . (2) for injuries, with or without force, to person and property, or either . . . .” The plaintiff claims that the damages she has suffered through the defendant’s alleged malpractice constitute injuries to property within the terms of the rule. She claims that as a result of the defendant’s failure to obtain purchase money mortgages on her behalf, she has suffered losses in the amount of the sums loaned to Midstate Construction Corporation. Those monetary losses, she argues, constitute injuries to property and she is, therefore, entitled to join her separate claims in one complaint. We do not agree with the plaintiff’s strained interpretation of Practice Book § 86(1) (2). She has not suffered an injury to property merely because she has suffered some financial harm. According to the plaintiff’s reasoning any claims for damages would constitute injuries to property and would justify their presentation in a single complaint. This reading makes the remainder of the rule extraneous.
Since to read Practice Book §86(1) (2) as encompassing any claim for damages to the pocketbook
There is no error.
In this opinion the other judges concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.