The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Tort Law Appellate Court Opinion

by Roy, Christopher


AC42742 - Randolph v. Mambrino (Petition for new trial; summary judgment; "The self-represented petitioner, Gordon Randolph, appeals from the summary judgment rendered by the trial court in favor of the respondents, Donna Mambrino and the state of Connecticut, and its subsequent dismissal of his petition for a new trial. On appeal, the petitioner claims that the trial court incorrectly concluded that General Statutes § 52-595, which provides for the tolling of the statute of limitations applicable to a particular cause of action upon proof by the party bringing the action that the defendant fraudulently concealed the existence of the cause of action, does not toll the three year limitation period of General Statutes § 52-582 applicable to petitions for a new trial brought under General Statutes § 52-270. We agree with the petitioner that the trial court incorrectly determined that § 52-595 does not apply to § 52-582. We also conclude, however, that the respondents are entitled to summary judgment because the petitioner, who alleges that the respondents intentionally concealed exculpatory evidence from him in violation of Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), has failed to demonstrate that the facts, viewed most favorably to sustaining his claim under § 52-595, are sufficient to satisfy the stringent requirements of that tolling provision. Accordingly, we affirm the judgment of the trial court.")