State Law

Prejudgment Remedy Sought In Stamford Chimp Attack Case

By Ryan

by Ryan C. McKeen

The Hartford Courant is reporting that a lawsuit is being filed in the Stamford chimp attack case.

That’s not true. The Plaintiff hasn’t filed suit.

The Plaintiff in the Stamford Chimp attack case has filed an application for a prejudgment remedy.  Here’s a link to the judicial branch’s case detail.

It is well established Connecticut law that applications for a prejudgment remedy do not commence a civil action.

You’ll notice on the judicial branch’s case detail that it lists a proposed writ summons and complaint. To bring suit a plaintiff must file a signed complaint.

What the plaintiff’s are doing is seeking to attach the defendant’s assets to the tune of 50 million dollars?

Why? Because the plaintiff believes that the defendant’s insurance policy either excludes coverage for such an occurrence or the matter is likely to settle for more than the policy limits.

The Courant reports that the Plaintiff is seeking 50 million dollars. What’s really happening is that the Plaintiff is seeking to attach 50 million dollars worth of the Defendant’s assets.

Whether or not the Defendant has 50 million dollars worth of assets is an open question. Which is why the Plaintiff has filed a motion for the Defendant to disclose here assets.

The Plaintiff must bring suit within 30 days if the prejudgment remedy is granted. 

That’s the real story behind the Courant’s story.

Full post as published by A Connecticut Law Blog on March 18, 2009 (boomark / email).