Sec. 52-102a. Impleading of third party by defendant. Rights and remedies of third-party defendant.
Sec. 52-102a. Impleading of third party by defendant. Rights and remedies of
third-party defendant. (a) A defendant in any civil action may move the court for
permission as a third-party plaintiff to serve a writ, summons and complaint upon a
person not a party to the action who is or may be liable to him for all or part of the
plaintiff's claim against him. The motion may be filed at any time before trial and
permission may be granted by the court if, in its discretion, it deems that the granting
of the motion will not unduly delay the trial of the action nor work an injustice upon
the plaintiff or the party sought to be impleaded.
(b) The writ, summons and complaint so served shall be equivalent in all respects
to an original writ, summons and complaint and the person upon whom it is served,
hereinafter called the third-party defendant, shall have available to him all remedies
available to an original defendant, including the right to assert set-offs or counterclaims
against the third-party plaintiff, and shall be entitled to file cross-complaints against
any other third-party defendant. The third-party defendant may also assert against the
plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim and may
assert any claim against the plaintiff arising out of the transaction or occurrence that is
the subject matter of the plaintiff's claim against the third-party plaintiff.
(c) The plaintiff, within twenty days after the third-party defendant appears in the
action, may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the original complaint, and the third-party defendant, as against such claim, shall have available to him all remedies available
to an original defendant, including the right to assert set-offs or counterclaims against
the plaintiff.
(d) A third-party defendant may proceed under this section against any person not
a party to the action who is or may be liable to him for all or any part of the third-party
plaintiff's claim against him.
(e) When a counterclaim is asserted against a plaintiff, he may cause a third party
to be brought in under circumstances which under this section would entitle a defendant
to do so.
(f) When any civil action in which such a third-party brought in is reached for trial,
the court hearing the case may order separate trials of different parts of the action and
may make such other order respecting the trial of the action as will do justice to the
parties and expedite final disposition of the case.
(February, 1965, P.A. 417; P.A. 82-160, S. 38.)
History: P.A. 82-160 inserted Subsec. indicators and made minor technical changes.
Third-party complaint must contain sufficient allegations to state cause of action equivalent to requirements of original
complaint. 156 C. 92. Impleader lies against insurance company notwithstanding a "no action" clause which prohibits suit
against the company until judgment has been rendered against insured. Id., 471. Section is procedural in nature and applies
to all pending actions although contract of insurance giving rise to interpleader was executed prior to passage of statute.
Id. Summary judgment granted third-party defendant insurer where pleadings showed action arose from use of the insured's
car while away from the premises insured by the insurer under a homeowner's policy. 167 C. 572. Since neither of the
third parties could have been liable to plaintiff, consolidation was not required. 180 C. 355. Cited. 187 C. 637. Cited. 191
C. 1. Cited. 207 C. 575. Cited. 210 C. 189. Cited. 212 C. 138. Cited. 239 C. 93.
Cited. 3 CA 100. Cited. 13 CA 223. Cited. 16 CA 558. Cited. 17 CA 159. Cited. 25 CA 360. Cited. 33 CA 714. Cited.
46 CA 18. Statements made in stricken apportionment complaint cannot be used as evidential admissions. 53 CA 373.
Cited. 26 CS 188. Statute does not apply where person is already party to action. Id., 191. Cross complaint not allowed
when based on claim different from that of principal complaint. Id. Insurer who disclaimed liability under a policy of
insurance may be impleaded by defendant. Id., 483. In absence of legislative intent statute presumed not to apply to pending
proceedings and does not operate retrospectively to defeat barring of claims by statutes of limitations (sections 52-577
and 52-584). 27 CS 46. Third party defendant's motion for nonsuit because of plaintiffs failure to comply with order that
plaintiffs make first count of their complaint more specific denied. Id., 465. Sufficiency of third party complaint may be
tested by demurrer. Cause of action for breach of contract of sale stated in third party complaint commenced four years
and four months after breach is barred by statute of limitations and is demurrable. 28 CS 385. Defendant, as third party
plaintiff, may implead, as third party defendant, executor of operator of car even though defendant's liability to original
plaintiff had not yet been determined. 29 CS 9, 13. Statute includes accelerations effect on obligations to indemnity. Id.,
171. Plaintiff need not show existing right to relief to institute third party action for indemnity. Before judgment right
applies to indemnitors who may be liable in expressed or implied obligations. Id., 192. Cited. 33 CS 1. The purpose of this
section is to obviate a multiplicity of actions. Id., 1, 2. Cited. Id., 188. Cited. 34 CS 287, 289. Third-party complaint must
contain sufficient allegations to state cause of action equivalent to requirements of an original complaint. 35 CS 82, 88.
Motion to strike third-party complaint granted since complaint failed to allege liability of the third-party defendant to the
third-party plaintiff. 36 CS 134. Cited. 44 CS 510.
Applies only to person not a party to the action. 4 Conn. Cir. Ct. 419. Guarantee given by third party is sufficient cause
for defendant to implead third party. 6 Conn. Cir. Ct. 369.
Subsec. (a):
Cited. 225 C. 401.
Cited. 40 CS 63.
Subsec. (c):
Filing of third party complaint by original defendant does not toll running of the statute of limitations on a cause of
action between plaintiff and a third-party defendant. 21 CA 524. Trial court erred in strictly enforcing the twenty-day time
limit in case in which the length of delay did not prejudice third party defendant and would not have delayed trial. 52 CA 136.