Grimes v. Housing Authority, 242 Conn. 236 (1997)

Citation: Grimes v. Housing Authority, 242 Conn. 236 (1997)
Parent Document: Grimes v. Housing Authority, 242 Conn. 236 (1997)
Jurisdiction: Connecticut (state)
Effective Date: 1997-07-29
Original Source: https://www.courtlistener.com/opinion/7897210/grimes-v-housing-authority/ ↗

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In January, 1987, the trial court in Connelly limited the class to those tenants who resided at Elm Haven between November 1, 1981, and March 31, 1982, and who lacked adequate heat and hot water in their apartments. The establishment of this time frame had the effect of excluding the plaintiffs here with respect to the injuries they sustained as a result of the incident on September 4, 1982. On March 11, 1988, the plaintiffs commenced this action, less than fifteen months after they were ousted from the Connelly class. On May 22, 1995, the trial court granted the defendant’s motion for summary judgment on the ground that their claims were barred by the two year statute oflimitations for personal injury actions in § 52-584. In granting the motion, the trial court concluded that the plaintiffs’ claim for dam*242ages for personal injuries was not directly related to the cause of action asserted in the Connelly class action. The Appellate Court affirmed, concluding that “the claims raised in the class action that the defendant violated § 47a-7 ... did not provide notice to the defendant that negligence claims were being made by the [named] plaintiff and her daughter for personal injuries. . . Grimes v. Housing Authority, supra, 42 Conn. App. 330. More specifically, the Appellate Court concluded that the statute of limitations was not tolled because the “tolling effect given to the timely prior filings in [American Pipe & Construction Co.] . . . depended heavily on the fact that those findings involved exactly the same cause of action subsequently asserted.” (Citations omitted; internal quotation marks omitted.) Id., 329-30. We reverse the judgment of the Appellate Court. I

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