Opinion
No. CV-04-0524911-S
February 10, 2005
MEMORANDUM OF DECISION
Motion for Summary Judgment #124
In this lawsuit, the plaintiff's complaint alleges a breach of an employment contract. The defendant moved for summary judgment on the ground that res judicata bars the plaintiff's claim because a judgment of nonsuit was entered in a prior suit for failure to comply with a court order.
A disciplinary nonsuit is not a judgment on the merits and, therefore, res judicata does not bar the plaintiff's claim. See Milgrim v. Deluca, 195 Conn. 191, 487 A. 2d 522 (1985); Rosenfield v. Cymbala, 43 Conn.App. 83, 89 n. 8, 681 A.2d 999 (1996); see also Linden Condominium Assn., Inc. v. McKenna, 247 Conn. 575, 594, 726 A.2d 502 (1999) (holding that res judicata "is an absolute bar to a subsequent action on the same claim" if it is rendered on the merits).
Therefore, the defendant's motion for summary judgment is denied.
Richard E. Burke, J.