Doe v. Town of West Hartford

Conn. Gen. Stat. 52-593a, a remedial savings statute that operates to render an action timely commenced so long as process is delivered to a marshal prior to the expiration of the applicable statute of limitations and served within thirty days, does not preclude a plaintiff from proving timely delivery of process to the marshal by means other than the statutorily prescribed method. The Appellate Court concluded that the endorsement requirement of section 52-593a(b) is directory rather than mandatory. The Supreme Court agreed. An analysis of prior cases and the legislative history of section 52-593a leads to the conclusion that the endorsement requirement is directive. In this case, there existed a genuine issue of material fact s to whether timely delivery was made, and therefore, the trial court improperly rendered summary judgment in the defendants’ favor. View "Doe v. Town of West Hartford" on Justia Law