A.J. Masi Elec. Co., Inc. v. Marron and Sipe Bldg. and Contracting Corp.
| Decision Date | 22 May 1990 |
| Docket Number | No. 8143,8143 |
| Citation | 574 A.2d 1323,21 Conn.App. 565 |
| Court | Connecticut Court of Appeals |
| Parties | A.J. MASI ELECTRIC COMPANY, INC. v. MARRON AND SIPE BUILDING AND CONTRACTING CORPORATION. |
Charles F. Brower, Torrington, for appellants (third party defendants).
Vincent P. McCarthy, New Milford, for appellee (defendant-third party plaintiff).
Robert V. Eberhard, Danbury, for plaintiff.
Before NORCOTT, FOTI and LAVERY, JJ.
This appeal presents the question whether the doctrine of res judicata prevents a plaintiff from bringing a second lawsuit on a claim, originally brought in a prior lawsuit, where the trial court in the original case, with the consent of the parties, ordered that the claim be severed and tried separately.
The facts are not in dispute. Holly Flor hired Marron and Sipe Building and Contracting Corporation (Marron-Sipe) to construct the New Milford Car Wash. Marron-Sipe subcontracted with A.J. Masi Electric Co., Inc. (Masi), to perform all the electrical work on the facility. On September 29, 1987, Masi sued Marron-Sipe to receive payment for its electrical contracting services (case number 290323). On November 18, 1987, Marron-Sipe brought a complaint against Holly Flor and the New Milford Car Wash, Inc., seeking payment for the cost of labor and material in constructing the car wash and also seeking the cost of Masi's electrical contracting services (case number 43905). Masi was not a party to case number 43905. The trial court in case number 43905, with the consent of the parties, ordered that Marron-Sipes' claim against Holly Flor and the New Milford Car Wash, Inc., for the cost of electrical contracting be severed and tried separately. On December 15, 1987, Marron-Sipe brought a third party complaint in case number 290323 against Holly Flor and the New Milford Car Wash, Inc., for the cost of Masi's electrical contracting, thus consolidating all of the parties to the dispute over the cost of the electrical contracting in case number 290323. Case number 290323 was then transferred from Danbury Superior Court to Litchfield, and the case number 47115 was assigned to it.
The third party defendants, Holly Flor and the New Milford Car Wash, Inc., believe that the third party plaintiff's claim for the cost of the electrical services cannot now be brought in case number 47115 because it could have been brought in case number 43905. The third party defendants therefore filed a motion for leave to amend their answer to the third party complaint to include the special defense of res judicata. They appeal from the trial court's denial of their motion. The case was tried to a conclusion and a judgment was rendered for the plaintiff, Masi, against the defendant, Marron-Sipe, and for Marron-Sipe as third party plaintiff against the third party defendants Holly Flor and New Milford Car Wash, Inc., the appellants herein. The special defense of res judicata is...
To continue reading
Request your trial
-
Connecticut Nat. Bank v. Rytman
...failing to object to the filing of the separate RICO action. They contend that under A.J. Masi Electric Co. v. Marron & Sipe Building & Contracting Corp., 21 Conn.App. 565, 567-68, 574 A.2d 1323 (1990), when one party simultaneously maintains separate causes of action on the same claim and ......
-
Republic Ins. Co. v. Pat DiNardo Auto Sales, Inc., CV930300662S
...Inc. v. Heritage Village Water Co., 30 Conn.App. 693, 697-700, 622 A.2d 578 (1993); cf. A.J. Masi Electric Co. v. Marron & Sipe Building & Contracting Corp., 21 Conn.App. 565, 568, 574 A.2d 1323 (1990). The plaintiff claims that it is entitled to recover monetary damages pursuant to its ind......
-
Lighthouse Landings Inc. v. Conn. Light
...v. American Reserve Life Ins. Co., 200 Conn. 360, 363–65, 511 A.2d 333 (1986).” A.J. Masi Electric Co. v. Marron & Sipe Building & Contracting Corp., 21 Conn.App. 565, 567–68, 574 A.2d 1323 (1990). “The doctrine of res judicata is one of rest and is enforced on the ground of public policy. ......
-
Marron and Sipe Bldg. and Contracting Corp. v. Flor
...case. After it was severed, the count was then consolidated with case number 290323. See A.J. Masi Co. v. Marron & Sipe Building & Contracting Corporation, 21 Conn.App. 565, 567, 574 A.2d 1323 (1990). On February 11, 1987, Land Engineering, which had been made a plaintiff in the action on J......