Labissoniere v. Gaylord Hosp., Inc.

4 Citing cases

  1. Carpenter v. Daar

    346 Conn. 80 (Conn. 2023)   Cited 18 times   1 Legal Analyses
    In Carpenter, our Supreme Court concluded that appellate case law had deviated from the legislature's intention that § 52-190a "prevent frivolous [medical] malpractice actions but not serve as a sword to defeat otherwise facially meritorious claims."

    (Internal quotation marks omitted.) Labissoniere v. Gaylord Hospital, Inc. , supra, 182 Conn. App. at 453, 185 A.3d 680 ; see id., at 452, 185 A.3d 680 (rejecting plaintiff's argument that trial court should not have "consider[ed] the affidavits that the defendants attached to their motions because the issues ... do not involve factual issues concerning personal jurisdiction that are not determinable on the face of the record" (emphasis added; internal quotation marks omitted)); see also Labissoniere v. Gaylord Hospital, Inc. , 199 Conn. App. 265, 279–81, 235 A.3d 589 (trial court was not "obligated to accept as true [the plainitiffs’] allegations that the diagnosis and treatment of the decedent's postsurgical complications were within the specialty of general surgery and outside the specialty of internal medicine"), cert. denied, 335 Conn. 968, 240 A.3d 284, and cert. denied, 335 Conn. 968, 240 A.3d 285 (2020) ; Lohnes v. Hospital of Saint Raphael , 132 Conn. App. 68, 78, 31 A.3d 810 (2011) (relying on affidavit submitted in connection with motion to dismiss to establish that defendant was board certified in emergency medicine, rendering pulmonologist who authored opinion letter not "similar health care provider" for purposes of § 52-190a, given lack of "an express allegation" in complaint that defendant was practicing outside of his specialty), cert. denied, 303 Conn. 921, 34 A.3d 397 (2012). Another series of Appellate Court decisions explains the restricted curative options—beyond resort to the accidental failure of suit statute following dismissal; see General Statutes § 52-592 ; Plante v. Charlotte Hungerford Hospital, 300 Conn. 33, 46–47, 12 A.3d 885 (2011) —that are available to plaintiffs given the jurisdictional implications of defective opinion letters under § 52-190a, as interpreted by Morgan .

  2. K. D. v. D. D.

    214 Conn. App. 821 (Conn. App. Ct. 2022)   Cited 2 times

    (Citation omitted; internal quotation marks omitted.) Labissoniere v. Gaylord Hospital, Inc ., 199 Conn. App. 265, 275–76, 235 A.3d 589, cert. denied, 335 Conn. 968, 240 A.3d 284 (2020), and cert. denied, 335 Conn. 968, 240 A.3d 285 (2020). Governor Ned Lamont's Executive Order 7Q, dated March 30, 2020, which was extended through June 30, 2021, by Executive Order 12B, and was in place at the time of the plaintiff's June 28, 2021 affidavit, allowed for remote notarization.

  3. In re McIntyre

    207 Conn. App. 433 (Conn. App. Ct. 2021)   Cited 1 times

    (Citation omitted; internal quotation marks omitted.) Labissoniere v. Gaylord Hospital, Inc ., 199 Conn. App. 265, 275–76, 235 A.3d 589, cert. denied, 335 Conn. 968, 240 A.3d 284 (2020), and cert. denied, 335 Conn. 968, 240 A.3d 285 (2020). Notwithstanding the fact that the plaintiff appealed from the decree of the Probate Court only as to Douglas McIntyre, the Superior Court concluded that the plaintiff be removed as custodian and the defendant "be allowed to continue as custodian under the UTMA for the three children ...."

  4. Kissel v. Ctr. for Women's Health, P.C.

    205 Conn. App. 394 (Conn. App. Ct. 2021)   Cited 5 times

    (Citations omitted; internal quotation marks omitted.) Labissoniere v. Gaylord Hospital, Inc. , 199 Conn. App. 265, 278–79, 235 A.3d 589, cert. denied, 335 Conn. 968, 240 A.3d 284 (2020), and cert. denied, 335 Conn. 968, 240 A.3d 285 (2020) ; see also Bennett v. New Milford Hospital, Inc. , 300 Conn. 1, 10–11, 12 A.3d 865 (2011). We employ a de novo standard of review with respect to a challenge to the trial court's ultimate legal conclusion and resulting denial of a motion to dismiss.