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Somohano v. Somohano

Grace Somohano v. Bobby Somohano

Somohano v. Somohano, 615 A.2d 181 (Conn. App. Ct. 1992)
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Court
Connecticut Appellate Court · State Appellate Courts
Decided
November 3, 1992
Docket
No. 11085
Judges
Connell
Citations
615 A.2d 18129 Conn. App. 3921992 Conn. App. LEXIS 390
Cited by 9 1 descriptions by later courts

Opinion of the Court — Connell

Text extracted by OCR from a scanned original; check the original for exact wording.

O’Connell, J.

This case arises from a Florida motor vehicle accident in which all the parties are Connecticut residents. The two year Connecticut statute of limitations 1 expired before this negligence action was commenced but prior to the expiration of the four year Florida statute of limitations. 2 The trial court granted the defendant’s motion for summary judgment on the ground that the Connecticut statute of limitations applied. The trial court was correct. The established law of this state is that the statute of limitations is procedural and, therefore, the law of the forum applies. Champagne v. Raybestos-Manhattan, Inc., 212 Conn. 509, 525 , 562 A.2d 1100 (1989).

The plaintiffs urge us to overturn the established rule. This court will not reexamine or reevaluate Supreme Court precedent. Whether a Supreme Court holding *394 should be reevaluated in subsequent cases and possibly discarded is not for this court to decide. D’Arcy v. Shugrue, 5 Conn. App. 12, 29 , 496 A.2d 967 , cert. denied, 197 Conn. 817 , 500 A.2d 1336 (1985).

The judgment is affirmed.

In this opinion the other judges concurred.

The pertinent portion of General Statutes § 52-584 provides: “No action to recover damages for injury to the person . . . caused by negligence . . . shall be brought but within two years from the date when the injury is first sustained . . . .”

The pertinent portion of Florida Statutes § 95.11 provides: “Actions other than for recovery of real property shall be commenced as follows:

* * *

“(3) WITHIN FOUR YEARS.—

“(a) An action founded on negligence.”

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 9 cases

View all citing references →
1993: 11995: 11996: 11999: 32001: 12006: 12013: 119932026peak 1999 · 3

Relies on it most ⓘ

  1. DiNapoli v. Cooke682 A.2d 603 (Conn. App. Ct. 1996)
  2. John Doe No. 1 v. Knights of Columbus930 F. Supp. 2d 337 (D. Conn. 2013)
  3. Gil v. Gil892 A.2d 318 (Conn. App. Ct. 2006)
  4. Slekis v. National Railroad Passenger Corp.56 F. Supp. 2d 202 (D. Conn. 1999)
  5. Lash v. Aetna Casualty & Surety Co.652 A.2d 526 (Conn. App. Ct. 1995)
  6. Messler v. Barnes Group, No. Cv 96-0560004 (Feb. 1, 1999)1999 Conn. Super. Ct. 1049 (1999)

Most recent

  1. John Doe No. 1 v. Knights of Columbus930 F. Supp. 2d 337 (D. Conn. 2013)
  2. Gil v. Gil892 A.2d 318 (Conn. App. Ct. 2006)
  3. Daniels v. Esson, No. Cv00 0434416-S (Jan. 16, 2001)2001 Conn. Super. Ct. 962 (2001)
  4. Wilk v. Sturbridge Resort, No. Cv98-0332850 S (Sep. 17, 1999)1999 Conn. Super. Ct. 12613 (1999)
  5. Slekis v. National Railroad Passenger Corp.56 F. Supp. 2d 202 (D. Conn. 1999)
  6. Messler v. Barnes Group, No. Cv 96-0560004 (Feb. 1, 1999)1999 Conn. Super. Ct. 1049 (1999)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Champagne v. Raybestos-Manhattan, Inc., 562 A.2d 1100 (Conn. 1989) 224
D'Arcy v. Shugrue, 496 A.2d 967 (Conn. App. Ct. 1985) 47

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