Hampton Robinson, Jr. v. Greg K. McKeithen (2013)

MEMORANDUM OF DECISION

This is an action brought by plaintiff—a passenger in a motor vehicle—against the driver and owner of that vehicle.   Plaintiff claims that the defendant operator caused certain injuries by his negligent conduct, which included the operator's driving the vehicle at an excessive speed while attempting to elude the police. (¶ 3 of complaint.)

With respect to the issue before the court, the chronology of events is the key.   The incident is alleged to have occurred on March 15, 2011.   Process was signed on or about March 14, 2013, with an indicated return date of April 9, 2013.   According to the court computer, plaintiff filed copies of the summons and complaint on or about March 14, 2013, and a copy of the return of service on April 26, 2013.   The return of service indicates that defendant operator was served on or about March 20, 2013.¹

Counsel for defendants filed an appearance on March 28, 2013 and a motion to dismiss on April 10, 2013.   The motion asserts that plaintiff did not comply with General Statutes § 52–46(a) which states that “[p]rocess in civil actions ․ returnable to the Superior Court [shall be returned] to the clerk of such court at least six days before the return day.”   To the contrary, the court computer reflects that the return of service was not filed until after the return date.

The failure to return process to court in a timely manner is a voidable (waivable) defect going to the court's personal jurisdiction over defendants, New England Road, Inc. v. Planning and Zoning Commission of the Town of Clinton, 308 Conn. 180, 186–87 (2013);  Concept Associates, Ltd. v. Board of Tax Review, 229 Conn. 618 (1994).   With a timely motion to dismiss having been filed by defendants, and no corrective action being sought by plaintiff, cf.   Coppola v. Coppola, 243 Conn. 657 (1998), the court lacks jurisdiction over defendants and the motion to dismiss must be granted, Rogozinski v. American Food Service Equip.   Corp., 211 Conn. 431 (1989).

BY THE COURT

POVODATOR, J.

FOOTNOTES

FN1. Adding to the confusion—the return of service appears to be dated March 17, 2013 while reciting service made on the named defendant on March 20, 2013..  FN1. Adding to the confusion—the return of service appears to be dated March 17, 2013 while reciting service made on the named defendant on March 20, 2013.

Povodator, Kenneth B., J.