Solomon v. Monteith

The issue involved in this appeal from a summary judgment in favor of the defendant is: At what precise point will a small claims action be deemed to have been commenced for the purpose of tolling the Statute of Limitations? The plaintiff would have us believe that “[t]he Practice Book makes [it] clear that the plaintiff’s attorney need only sign the docket [sheet] to commence the action.” See Practice Book § 900. If we were to follow the plaintiff’s theory to its end result, the control and custody of small claims matters would pass from the courts to private offices of claimants or lawyers.…