`
`SUPERIOR COURT
`
`ORDER 439597
`
`ALVAREZ, ROSA
`
` V.
`CEMBRZYNSKI, SLAWOMIR Et Al
`
`JUDICIAL DISTRICT OF DANBURY
` AT DANBURY
`
`11/30/2020
`
`ORDER
`
`ORDER REGARDING:
`11/18/2020 135.00 MOTION FOR ARBITRATION
`
`The foregoing, having been considered by the Court, is hereby:
`
`ORDER: DENIED
`
`The plaintiff filed a November 18, 2020 joint motion for arbitration (#135.00). In the motion, the
`plaintiff asserts that the plaintiff and the defendants “by agreement, request permission of the court to
`refer the case to binding arbitration.” The defendants, in their November 25, 2020 objection to motion
`for arbitration (#136.00), indicate that “the plaintiff’s motion is not made at the request of all parties….
`Consent to the motion was not obtained from the defendant.” (Emphasis in original.)
`General Statutes § 52–125f states: “In any civil action where the party who brought the action is
`asserting a claim for bodily injury arising out of a motor vehicle accident, the court, at the request of all
`parties to the civil action, may refer the matter to an arbitrator chosen by the parties or their attorneys.
`The arbitration shall include parameters limiting the damage award that an injured party may receive.
`The finding of the arbitrator shall be binding upon the parties to the civil action exclusively for the
`purposes of such civil action. The damage award, if any, of the arbitrator shall not be used by or against
`any party to the arbitration in any subsequent civil action or proceeding.” (Emphasis added.)
`As the applicable statute requires consent by all parties, and the defendant indicated that he did not
`consent to the joint motion for arbitration, the joint motion for arbitration fails to meet the statutory
`requirements and is hereby DENIED.
`
`Judicial Notice (JDNO) was sent regarding this order.
`
`439597
`
`Judge: ROBERT A D ANDREA
`Processed by: Vanessa Fertaly
`
`This document may be signed or verified electronically and has the same validity and status as a document with a physical
`(pen-to-paper) signature. For more information, see Section I.E. of the State of Connecticut Superior Court E-Services
`Procedures and Technical Standards (https://jud.ct.gov/external/super/E-Services/e-standards.pdf), section 51-193c of the
`Connecticut General Statutes and Connecticut Practice Book Section 4-4.
`
`DBDCV196030430S 11/30/2020
`
`Page 1 of 1
`
`
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