Kolashuk v. Hatch

Citations

• 195 Conn. App. 131

Syllabus

The plaintiff in error, A, who was the attorney for the defendant, H, filed a writ of error, challenging the imposition of sanctions and the award of attorney's fees against him by the trial court. In the underlying personal injury action, the defendant in error, K, by and through his mother and next friend, sought to recover damages from H for, inter alia, negligence in connection with personal injuries sustained by K when K, who was riding his bicycle, and a motor vehicle operated by H collided. The complaint alleged, inter alia, that H was operating his vehicle while typing, sending, and/or reading text messages from his cell phone. During the discovery phase, H testified at his deposition that, minutes before the collision, he had sent a text message on a cell phone. H stated that the cell phone was a company work phone and that the account was in the name of his employer, H Co. Subsequently, the law firm represent- ing K filed a motion to compel production of the relevant cell phone records from the date of the collision, which the trial court granted. A did not provide the requested cell phone records, and K's attorney, R, filed motions for sanctions for A's alleged violation of the court's order. In response to R's motions, A claimed that he had fully complied with the court's order to the best of his abilities because A's client, H, did not own the cell phone records requested by R, and that it would have been illegal and unethical for him to provide R with records that H did not own. Prior to the hearing on R's second motion for sanctions, R obtained the relevant cell phone records from an attorney representing H Co., but the court, nevertheless, granted R's second motion for sanctions against A. Thereafter, R filed a request for attorney's fees, which the trial court granted in part. Subsequently, A filed a writ of error in our Supreme Court, which transferred the matter to this court. Held: 1. K could not prevail on his claim that this court lacked subjec