Advance Release Opinions – May 11

Reviews of Connecticut Supreme Court advance release opinions about civil procedure and worker’s compensation.

Civil Procedure

Meribear Productions, Inc. v. Frank – Reversed. Connecticut couple hired California company to stage their Connecticut home for sale. Payment dispute arose. Company obtained default judgment against couple in California. Company then started Connecticut action to enforce the foreign judgment, and for breach of contract and quantum meruit. Trial court found for Company against husband on the California judgment, for wife against Company on the foreign judgment, and for Company against wife on the breach of contract claim. Appellate Court affirmed. Supreme Court found that Appellate Court should have dismissed the appeal for lack of a final judgment against husband since the trial court did not determine the breach of contract or quantum meruit claims against him. Those claims are legally inconsistent, or mutually exclusive, with each other, but not with the foreign judgment claim. So, the judgment against wife on the breach of contract claim automatically disposed of the quantum meruit claim against her. But, the judgment against husband on the foreign judgment did not dispose of either breach of contract or quantum meruit against him, meaning there was no final, appealable judgment against husband.

Worker’s Compensation

MacDermid, Inc. v. Leonetti – Affirmed. While MacDermid’s employee, Leonetti suffered an on-the-job injury and filed a worker’s compensation claim. Five years later, and before the worker’s compensation claim was finally resolved, MacDermid discharged Leonetti. The parties entered into a severance agreement, under which MacDermid paid Leonetti some $70,000, and Leonetti released all claims against MacDermid. The worker’s compensation commission ruled that the release did not include Leonetti’s worker’s compensation claim. Supreme Court affirmed. While that appeal was pending, MacDermid started the instant action against Leonetti, essentially claiming through a variety of theories that if Leonetti wanted his worker’s compensation claim, he would have to give back the $70,000 severance payment. Jury found for MacDermid on its unjust enrichment claim. Supreme Court affirmed, finding that (1) MacDermid’s claim not barred by collateral estoppel because there was no identity of issues between the worker’s compensation matter and the unjust enrichment claim; (2) Leonetti failed to preserve for appeal his claim that the worker’s compensation act, the severance agreement, or public policy barred MacDermid’s claim; (3) Leonetti failed to adequately brief the harm that he claims to have suffered from improper jury instructions; (4) the general verdict rule bars Leonetti’s argument about the jury instructions in any event; and (5) Leonetti failed to challenge all of the trial court’s bases for excluding certain exhibits, and failed to adequately brief the harm he supposedly suffered from its exclusion of another.