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December 24, 2015
Summary Judgment Obtained in Statute of Limitations Matter

New Britain Superior Court granted a summary judgment in a case where the plaintiff filed an amended complaint alleging two counts sounding in sexual assault and two counts sounding in medical malpractice against his pediatrician. The plaintiff alleged that the conduct occurred between approximately 1976 and 1984. Halloran & Sage filed a motion for summary judgment as to the two medical malpractice counts, arguing that the alleged malpractice was time-barred by the three-year statute of repose under General Statutes section 52-584 because the alleged conduct occurred more than three years from the date the plaintiff commenced his action. The plaintiff attempted to argue that the thirty-year extended statute of limitations of General Statutes section 52-577d, which applies to causes of action alleging harm caused by sexual assault, governed the two counts alleging malpractice because his other two counts alleged causes of action based on allegations of sexual assault. The court ruled that General Statutes section 52-584 controlled the two counts alleging medical malpractice and granted summary judgment on both counts because the plaintiff commenced his action more than three years after the conduct which allegedly caused him harm. This matter was handled by Evan O’Hara and Richard C. Tynan.

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Richard C. Tynan
Health Care