Pina v. Metalcraft of Mayville Inc.
A plaintiff can file one unified offer of compromise that applies to all the defendants and is not required to file a separate offer for each defendant. On Nov. 19, 2009, the plaintiff was using a Scag lawnmower and allegedly injured his right hand, which required several surgeries, when the lawnmower malfunctioned and the engine kept running. The plaintiff sued the defendants, Metalcraft of Mayville Inc., Frenette's Power Equipment Inc. and Mid-Tek, alleging product liability, in violation of Connecticut General Statutes §52-572m. The plaintiff filed an offer to compromise in the amount of $575,000. Frenette's Power Equipment objected that the plaintiff's offer was "ineffective and inappropriate," because it was directed to all the defendants. Frenette's apparently claimed that the plaintiff should file separate offers of compromise with respect to each defendant. The court overruled Frenette's objection. The plaintiff's unified offer of compromise encourages pre-trial settlement and is appropriate with respect to Metalcraft and Frenette's. The plaintiff's offer of compromise was served less than 180 days after service of process on Mid-Tek, and the court found it was filed too early with respect to Mid-Tek and was not effective.