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MARVIN NELSON v. THE CONTRACTING GROUP, LLC (AC 31448)
Lavine, Robinson and Flynn, Js. Argued November 29, 2010--officially released March 1, 2011

(Appeal from Superior Court, judicial district of Waterbury, Sheedy, J.) Dominic J. Caciopoli, for the appellant (defendant). Tara L. Shaw, for the appellee (plaintiff).

Opinion

ROBINSON, J. The defendant, The Contracting Group, LLC, appeals to this court following the denial of its motion to open the judgment rendered by the trial court in favor of the plaintiff, Marvin Nelson. On appeal, the defendant claims that the court abused its discretion in denying its motion to open. We affirm the judgment of the trial court. The record reveals the following factual and procedural history. The defendant was engaged in the business of rehabilitating commercial buildings. The plaintiff was employed by the defendant as a laborer. In June, 2007, the defendant assigned the plaintiff to work at a site on Willow Street in Waterbury (Willow Street site), where there was a significant infestation of mold. While there, the defendant instructed the plaintiff to scrub the walls with bleach. As a result of the working conditions, the plaintiff began having problems with his vision. The plaintiff sought medical attention for his eye injuries, and, when his eye injuries did not improve over time, the plaintiff spoke to the defendant's superintendent about seeking additional medical attention covered by workers' compensation. In January, 2008, the plaintiff filed a workers' compensation claim against the defendant. Not long after the filing of the workers' compensation claim, the defendant terminated the plaintiff's employment. The plaintiff commenced the present action against the defendant on March 14, 2008, by service of process and thereafter by filing a complaint with a return date of April 15, 2008. In his complaint, the plaintiff alleged that he had been wrongfully discharged by the defendant. Specifically, the plaintiff alleged that he had been discharged by the defendant in retaliation for asserting his rights to workers' compensation benefits. The plaintiff alleged that, after he filed his claim, his supervisors and coworkers began to harass him, making comments to him that included, ``heard you're trying to sue us,'' and, ``we've got good lawyers for that.'' The defendant did not file an appearance or respond in any manner to the plaintiff's complaint. Accordingly, on August 5, 2008, the plaintiff, pursuant to Practice Book

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Connecticut Law