162 Conn.App. 51
Conn. App. Ct.2015Background
- This is a civil action for money damages between Mary Margaret Farren and J. Michael Farren following a domestic violence incident in New Canaan, with extensive trial delays caused by the defendant's continuance motions and other inquiries.
- The trial was initially set for January 10, 2012, but was postponed repeatedly; voir dire occurred December 3–5, 2013, and evidence began December 9, 2013.
- On December 8–9, 2013, the defendant was involuntarily committed to the Institute of Living under an emergency certificate, preventing communication with the court.
- A default judgment was entered against the defendant on December 10–11, 2013, with a damages trial proceeding; the jury ultimately awarded $28.6 million to the plaintiff on December 17, 2013.
- The defendant moved to open the judgment on January 31, 2014, supported by documents alleging a bona fide medical emergency; the court held an evidentiary hearing on May 6, 2014 and denied the motion.
- The defendant appealed in AC 37079 (motion to open) and AC 37080 (default judgment), arguing due process and constitutional rights violations, including issues relating to voluntariness of commitment and access to funds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether involuntary commitment alone is reasonable cause for missing trial | Farren argues commitment shows reasonable cause for absence | Farren contends § 17a-502 means automatic reasonable cause | No; commitment alone not automatic reasonable cause |
| Whether the trial court properly weighed evidence and did not substitute its own observations | Plaintiff asserts court weighed documents properly and credited professional evidence | Defendant contends the court relied on self-reported items and omitted professionals’ views | Court did not abuse discretion; weighed evidence and relied on its observations within proper bounds |
| Whether the court gave proper opportunity to clarify or certify documents introduced at the hearing | Plaintiff contends documents should be considered without defective certification | Defendant argues certification requirements imposed undue burden | Defendant had opportunity to supplement; court did not abuse discretion restricting certification |
| Whether the court created an unfair burden for psychiatric disability cases under § 52-212 | Plaintiff asserts standard improper or biased against mental illness | Defendant claims special burden applied only to psychiatric emergencies | No new standard; court properly required persuasive evidence of bona fide emergency |
Key Cases Cited
- Brunswick School, Inc. v. Hutter, 53 Conn. App. 455 (1999) (upholds denial of motion to open due to failure to provide current medical evidence)
- Searles v. Schulman, 58 Conn. App. 373 (2000) (trial court may deny open where medical issues lack evidentiary support)
- Stephen v. Hoerle, 39 Conn. App. 253 (1995) (agoraphobia not automatic reasonable cause for absence; discretion retained)
- Jaquith v. Revson, 159 Conn. 427 (1970) (upholds denial of motion to open where illness history not shown)
- Milliun v. New Milford Hospital, 310 Conn. 711 (2013) (statements in medical records discussed for causation; not controlling here)