Anna Rocco v. Mary Garrison (Connecticut 2004)

Summary

The court held that the plaintiffs' federal action was commenced for purposes of the accidental-failure-of-suit statute when the defendant received the summons, complaint, and waiver materials before the negligence limitations period expired, even though formal service was not completed. The savings statute therefore could support the plaintiffs' second action. The court also rejected the defendant's preclusion and pleading-error arguments and reversed the summary judgment.

Holding

Commencement under the accidental-failure-of-suit statute. An action is commenced for purposes of the accidental-failure-of-suit statute when the defendant receives effective notice of the action within the applicable limitations period, even if formal service is insufficient or incomplete.

Effect of the federal judgment under claim and issue preclusion. The federal judgment did not bar the plaintiffs' second action because the federal proceeding addressed effective service under the Federal Rules of Civil Procedure, whereas the state action addressed whether the original action qualified for protection under the Connecticut savings statute.

Incorrect statutory citation in the complaint. The plaintiffs' reference to the incorrect savings statute did not bar recovery under the correct statute because the defendant understood the nature of the claim and was not misled or prejudiced.

Summary judgment. Summary judgment for the defendant was improper because the plaintiffs' original action qualified as commenced for purposes of the savings statute and the remaining challenged grounds did not support judgment as a matter of law.

Anna Rocco v. Mary Garrison

Summary

Holding

Cited authorities

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