Eduardo Perez et al. v. Doreen Scungio, Executrix of the Estate of Peter Minore (2012)

MEMORANDUM OF DECISION

The plaintiffs Eduardo Perez and Jose Fernandez commenced this action against defendant Peter Minore for damages for statements allegedly made by defendants seeking to cause bodily harm to the plaintiffs by third parties.   The defendant died in December 2011, and his daughter Doreen Scungio has been substituted as Executrix of the Estate of Peter Minore.   The complaint alleges that on or about September 2008 the defendant Peter Minore made verbal requests of Max Felix and Freddy Martin to cause bodily harm or death upon the plaintiffs by use of firearms.   The plaintiffs as a result of learning of the threats are now seeking monetary damages as a result of the actions of the defendant Peter Minore.

The evidence has established the plaintiffs Fernandez and Perez leased a building located at 30 Orange Avenue, New Haven, Connecticut from the defendant Minore, the principal in an LLC in partnership with his nephew.   The lease contained an option to purchase by the plaintiffs in 2005.   Plaintiffs had renovated the building and opened a liquor store which opened in October 2006.   Defendant Minore had loaned money to the plaintiffs for the operation of the liquor store, and also made other loans to defendant Fernandez related to Joshua's Market owned by Fernandez.   In 2008 disputes arose between the plaintiffs and the defendant Minore regarding repayment of loans, and the exercise of the option to purchase the liquor store property.   Various litigation between these parties changed the friendly relationship of the parties.   In late 2008 or early 2009 plaintiff Perez made a complaint to the New Haven Police Department that defendant Minore had made threats to kill the plaintiffs and he wanted to hire Max Felix and Freddy Martin to kill or cause harm to the plaintiffs.   These two individuals were employees of the plaintiff Fernandez.   Sergeant Vasquez investigated the complaint and he concluded there was no evidence to conclude there was evidence to support the claims of the plaintiffs, and the case based on plaintiff's complaints was closed without an arrest of defendant M. Minore.   The claims made by Max Felix and Freddy Martin the employees of Fernandez are found not to be credible and unbelievable.

This court finds the alleged claims regarding statements by defendant Minore were not proven, and even if any statement was made to a third party it would not constitute an assault as claimed by the plaintiffs.  Dewitt v. John Hancock, 5 Conn.App. 590, 594 (1985).   The plaintiffs have failed to prove that a civil assault occurred by alleged statements to third parties.

In addition to finding there was no credible proof of a threat by the defendant Minore this court also finds damages are not proven by either plaintiff by a fair preponderance of the evidence.

Based upon the foregoing conclusions the court renders judgment for the current defendant Doreen Scungio Executrix of the Estate of Peter Minore.

Howard F. Zoarski

Judge Trial Referee

Zoarski, Howard F., J.T.R.