Barbara Gober v. East Hartford Housing Authority (2013)

MEMORANDUM OF DECISION ON MOTION TO DISMISS

This is a slip and fall case brought by the plaintiff, Barbara Gober, against the defendant, East Hartford Housing Authority, for negligently maintaining a handicapped ramp and sidewalk on its property so as to allow an accumulation of snow and ice.   The plaintiff alleges that her fall occurred on January 16, 2011, and the original complaint was filed on August 8, 2011.   Thereafter, on February 6, 2012, the defendant filed a motion to implead the third-party defendant, which this court, Miller, J., granted on February 21, 2012, the defendant and third-party plaintiff filed its third-party complaint for common-law indemnification against the third-party defendant.   The third-party complaint alleges that the third-party defendant, who was the plaintiff's home health aide, acted negligently and, therefore, is liable to the third-party plaintiff for the plaintiff's claims against the third-party plaintiff.

The third-party defendant filed this motion to dismiss on May 2, 2012.   The third-party defendant argues that the third-party complaint is a disguised apportionment complaint and it was not served within one hundred-twenty days of the original complaint as required by General Statutes Sec. 52–102b.

The third-party plaintiff filed an objection on June 1, 2012.   In its objection, the third-party plaintiff argues that it relied on General Statutes Sec. 52–102a when it filed its motion to implead and the third-party complaint and, therefore, its third-party complaint is not time barred.

A fair reading of the third-party complaint reveals that it is a claim for indemnification brought pursuant to Sec. 52–102a as opposed to apportionment pursuant to Sec. 52–102b.   The complaint does not request apportionment of liability and the motion to implead filed by the defendant clearly states that the motion is based on Sec. 52–102a.   Third-party complaint cannot be construed as an apportionment complaint as urged by the third-party defendant.

The motion to dismiss is denied.

Wagner, JTR

Wagner, Jerry, J.T.R.