Opinion
FSTCV126013315S
11-02-2016
Ismael Balta v. Colony Grill, Inc
UNPUBLISHED OPINION
MEMORANDUM OF DECISION ON ATR REPORT #121.00
Hon. Kevin Tierney, Judge Trial Referee.
The court finds that Attorney Trial Referee (ATR) Craig Goldberg fulfilled his duties in regard to this court's June 6, 2016 order #117.01. He reviewed pleading #115.00 and filed his New Attorney Trial Referee Report on August 11, 2016 (#121.00).
The ATR found that Ismael Balta filed an overtime wage claim with the Department of Labor of the State of Connecticut in 2007 for his 2005-2007 wages, which claim was resolved and closed in 2007.
The court file reflects that this lawsuit commenced on March 1, 2012. See Return of Service dated March 1, 2012. The plaintiff is claiming lost wages at time and one-half for the period of April 28, 2003 to July 31, 2005. See October 30, 2014 Revised Complaint, Exhibit B (#106.00).
The statute of limitations on this cause of action was found by the ATR to be Gen. Stat. § 52-596. It is a two-year statute. The action " shall be brought but within two years after the right of action accrues." There was no evidence of a written contract of employment nor a term of employment other than employment at will payable at the end of each week. The ATR found that Gen. Stat. § 52-596 is the statute of limitations in effect. The ATR found that the Department of Labor matter was resolved in 2007.
More than two years has lapsed since 2007 and July 31, 2005 prior to March 1, 2012.
The ATR found that the statute of limitations, Gen. Stat. § 52-596, has run on the plaintiff's April 28, 2003 to July 31, 2005 wage claims. Elgar v. Elgar, 238 Conn. 839, 848-49, 679 A.2d 937 (1996).
The court finds that the ATR's conclusions are logically correct and these conclusions find support in the facts found by ATR. Villano v. Polimeni, 54 Conn.App. 744, 747-48, 737 A.2d 950, cert. denied, 251 Conn. 908, 739 A.2d 264 (1999); P.B. § 12-17; Seal Audio v. Bozak, 199 Conn. 496, 502, 507-08, 508 A.2d 415 (1986).
The court affirms the findings and legal conclusions of ATR Craig Goldberg. Judgment will enter for the defendant, Colony Grill, Inc.