Judith K. Fusari v. Middletown Area Transit (2010)

MEMORANDUM OF DECISION AND ORDER

Judith K. Fusari (Fusari) seeks to institute an action against Middletown Area Transit through an application for waiver of fees pursuant to General Statutes § 52-259b.   Inasmuch as Fusari meets the financial requirements of subsection (b) of the statute, this court has no discretion and, therefore, waives the filing fee.

In Fusari's complaint against Middletown Area Transit, Fusari alleges substantially similar actions that the court, Pittman, J., addressed in Fusari v. New Britain Transportation Co., Superior Court, judicial district of New Britain, Docket No. CV 10 5015101 (August 31, 2010).   Specifically, Fusari alleges that a bus driver for the Middletown Area Transit on one occasion during the second week of October of 2010 charged her the regular bus fare when she should have been charged a discounted rate for a disabled person or a senior citizen.   Fusari admits that she did not have the proper identification for a discount, but alleges that she should have been given the discount because the bus driver knew her.   Fusari also alleges that, upon their arrival in New Britain, the same driver refused to provide her with a transfer for another bus to Cromwell.

Because Fusari admits in her complaint that she did not have the proper identification for a discount, because she alleges only one isolated incident and because only a small sum of money can be involved here,¹ as it was in New Britain Transportation Company, the court adopts the reasoning of Judge Pittman's decision.  “[T]his is an instance in which the maxim de minimis non curat lex must be applied (‘the law does not concern itself with trifles').   The law recognizes that some cases are simply too trivial to warrant the extension of Superior Court jurisdiction.   That is especially true in this case, with the attendant costs of paying fees to a state marshal, which would be many times the amount to damages sought by the plaintiff in this lawsuit.   Nor is this a case in which the plaintiff makes an allegation that the type of incident he experienced is but one in a persistent course of conduct by the defendant.”   Fusari v. New Britain Transportation Co., supra, Superior Court, Docket No. CV 10 5015101.

Therefore, this case is dismissed without prejudice to Fusari filing a civil action in the Small Claims division of the Superior Court.   A copy of this order shall be forwarded by the clerk to Fusari and Middletown Area Transit.

Berger, J.

FOOTNOTES

FN1. Fusari seeks only money damages.   Specifically, she asks for “the court to determine the compensation according to the law” and “to be included in percentages and interest in the following requests for the rest of may life”:  “in any/all present and future stocks, bonds and mutual funds of the Middletown Area Transit,” “any/all present & future marketing business,” “any/all present & future in state property,” “any/all present & future out of state property,” “any/all present & future insurance and insurance policies,” “any/all present & new business ventures,” “any/all present & future imports,” “any/all present & future exports,” “to have a lien placed on the home of the administrator until full payment is made” and “to have the employment check of the administrator garnished until full payment is made.”.  FN1. Fusari seeks only money damages.   Specifically, she asks for “the court to determine the compensation according to the law” and “to be included in percentages and interest in the following requests for the rest of may life”:  “in any/all present and future stocks, bonds and mutual funds of the Middletown Area Transit,” “any/all present & future marketing business,” “any/all present & future in state property,” “any/all present & future out of state property,” “any/all present & future insurance and insurance policies,” “any/all present & new business ventures,” “any/all present & future imports,” “any/all present & future exports,” “to have a lien placed on the home of the administrator until full payment is made” and “to have the employment check of the administrator garnished until full payment is made.”

Berger, Marshall K., J.