CGS § 52-591. When new action may be brought after time limited.

When a judgment in favor of a plaintiff suing in a representative character, or for the benefit of third persons, has been reversed, on the ground of a mistake in the complaint or in the proper parties thereto, and, while the action was pending, the time for bringing a new action has expired, the parties for whose special benefit the action was brought may commence a new action in their individual names at any time within one year after the reversal of the judgment, if the original action could have been so brought.

Short History

(1949 Rev., S. 8331; P.A. 82-160, S. 250.)

Long History

History: P.A. 82-160 made minor changes in wording.

Citations

Cited. 214 C. 464; 225 C. 13; 234 C. 169.

Section is a savings statute that is intended to promote the strong policy favoring the adjudication of cases on their merits; the use of the disjunctive “or” reflects that the legislature intended the section to be applicable when the plaintiff in the prior action sued either in a representative capacity or for the benefit of another person or entity. 221 CA 256.