Pascola-Milton v. Millard

Outcome

Excerpt

The plaintiff D sought to recover damages from the defendant L Co., her insurer, for underinsured motorist benefits, and from the defendant M, for M's alleged negligence in connection with a motor vehicle accident involving D. D's husband, C, joined the action as a party plaintiff more than two years after D commenced the action. D entered into a voluntary arbitration agreement with L Co., and, after an evidentiary hearing, the arbitrator awarded D a certain amount of damages in underinsured motorist benefits. D filed a demand for a trial de novo with the trial court, which was denied. Additionally, M moved for summary judgment on C's claims against him on the ground that they were barred by the two year statute of limitations (§ 52-584) for negligence claims. The trial court granted M's motion for summary judgment. D and C filed a joint appeal to this court challenging the trial court's denial of D's demand for a trial de novo and the judgment for M on C's complaint. Held: 1. The trial court did not err in denying D's demand for a trial de novo following the arbitrator's decision on her claims against L Co., as the parties entered into a voluntary arbitration; the trial court determined that the submission was voluntary and unrestricted, and, because D voluntarily submitted her claims against L Co. to arbitration, any review of the arbitrator's decision was governed by a statute (§ 52-418) under which there was no right to a trial de novo, and the legal authority pursuant to which D argued that she had an absolute right to a trial de novo pertained to compulsory, not voluntary, arbitration. 2. The trial court did not err in rendering summary judgment in favor of M on the ground that C's claims were barred by the two year statute of limitations in § 52-584 because C suffered actionable harm on the date of the accident and he did not file his complaint against M within two years from that date; in arguing that his claims were not subject to the two year statute of li