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PEABODY N.E., INC. v. DEPT. OF TRANSPORTATION

(SC 16072)

250 Conn. 105 (1999)

PEABODY N.E., INC., ET AL. v. DEPARTMENT OF TRANSPORTATION

Supreme Court of Connecticut.

Officially released August 10, 1999.

Attorney(s) appearing for the Case

Donald R. Cassling, pro hac vice, with whom were Lawrence H. Dickson and James J. Myers, pro hac vice, for the appellants (plaintiffs).

Lawrence Russ, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellee (defendant).

Berdon, Norcott, Katz, Palmer and McDonald, Js.

Opinion

KATZ, J.

General Statutes § 52-592 (a),1 which is part of our state's "saving statute," allows a plaintiff to bring an action that otherwise would be barred by an applicable statute of limitations, within one year after the determination of a prior action or after the reversal of a judgment, if the "original action" has failed to be tried on the merits for any of...

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