Thomas G. STONE III
EAST COAST SWAPPERS, LLC
January 31, 2019
from the Superior Court, Judicial District of Hartford,
[Copyrighted Material Omitted]
William J. OSullivan, with whom was Michelle M. Seery,
Wethersfield, for the appellant (plaintiff).
Taalman, Hartford, with whom, on the brief, was Joseph R.
Serrantino, Middletown, for the appellee (defendant).
Bright and Norcott, Js.
Conn.App. 65] The plaintiff, Thomas G. Stone III, appeals
from the judgment of the trial court, rendered after a trial
to the court, finding that the defendant, East Coast
Swappers, LLC, had violated the Connecticut Unfair Trade
Practices Act (CUTPA), General Statutes § 42-110a et seq.,
and awarding the plaintiff compensatory damages, but
declining to award punitive damages and attorneys fees. On
appeal, the plaintiff claims that the court erred when it
failed to award him attorneys fees. We affirm the judgment
of the trial court.
following facts, as found by the trial court, and procedural
history are relevant to our resolution of this appeal.
Patrick Keithan, at the time, the plaintiffs son-in-law,
purchased a 2008 Mitsubishi Lancer Evolution in February,
2010, from a dealership in Savannah, Georgia. Keithan was in
the military service and stationed in Georgia. He financed
the purchase of the car, in part, through a loan from
Wachovia Dealer Services, Inc., in the amount of
Shortly thereafter, the cars engine experienced performance
issues, for reasons not disclosed at trial. Keithan towed the
car from Georgia to Windsor Locks, [191 Conn.App. 66]
Connecticut, where the defendant, a motor vehicle repair
shop, was located. The defendant first replaced the cars
turbocharger for $2000, which Keithan paid for by credit
card. Following the replacement of the turbocharger, the
engine still was found to be inoperable. Keithan returned to
Georgia to fulfill his military service obligations and left
the car with the defendant.
ultimately decided that he wanted the defendant to install a
Buschur Racing short block. Paul Scott, a co-owner of
the defendant, drafted an estimate for this work, which he
forwarded to Keithan. The estimate, dated August 17, 2010,
referenced the purchase of the Buschur Racing short block and
its installation, and estimated a cost of $9028.89.
plaintiff loaned Keithan $9000 to pay the defendant. The
plaintiffs wife prepared a promissory note for the loan,
which contemplated the title and car being held by the
plaintiff while the note remained unpaid. The note, dated
14, 2010, was executed by Keithan and his wife, the
plaintiffs daughter. Keithans wife then forwarded a check
to the ...