Advance Release Opinions – Supreme Court – September 21

Review of a Connecticut Supreme Court advance release opinion about personal injury (wrongful death).

Personal Injury (Wrongful Death)

Angersola v. Radiologic Associates of Middletown, P.C. – Though CGS § 52-555 provides a limitation period for a wrongful death claim, it is a statute of repose, not a statute of limitations, meaning that the court lacks subject matter jurisdiction over a wrongful death claim that is not brought within the limitations period. The continuing course of treatment and continuing course of conduct doctrines apply to the wrongful death limitations period. As in other cases where there is a dispute about the facts that determine whether the court has subject matter jurisdiction, there must be an evidentiary hearing, or at least discovery, to resolve the dispute. Here, Supreme Court concluded that there was a factual dispute about a continuing course of conduct, reversed the trial court’s dismissal for lack of subject matter jurisdiction, and remanded for an evidentiary hearing or limited discovery.