Kervick v. Silver Hill Hospital
128 Conn. App. 341
| Conn. App. Ct. | 2011Background
- Decedent Ruth Farrell admitted to hospital Jan. 21, 2002 for multiple illnesses, including major depression and personality disorder, with high suicide ideation.
- Decedent committed suicide Jan. 28, 2002 by hanging in the hospital room after bathroom door was unlocked and supervision reduced.
- In 2004, executor Kervick filed medical malpractice action against Silver Hill Hospital and psychiatrist Shander for alleged care failures.
- In 2007, hospital defendants filed apportionment complaints against Kervick; Kervick moved to preclude their expert testimony on causation.
- Court precluded experts in Nov. 2007; Kervick moved for summary judgment on apportionment claims, which the court denied as untimely.
- New York Times published an extensive article about the suicide on Nov. 23, 2007, while jurors were impaneled but evidence not yet presented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by not polling jurors. | Kervick argued article exposure biased jurors. | Defendants asserted no need to poll given instructions to ignore media. | Poll required; court abused discretion; remand for new trial. |
| Whether denial of summary judgment as untimely was an abuse of discretion. | Timeliness prevented merits ruling; merits should be considered on remand. | Timing issue justified denial; merits not reached. | Not an abuse; merits to be considered on remand. |
Key Cases Cited
- State v. Merriam, 264 Conn. 617 (2003) (pretrial publicity requires preliminary inquiry when bias suspected)
- State v. Marshall, 166 Conn. 593 (1974) (pretrial instructions absence; poll considerations)
- Hurley v. Heart Physicians, P.C., 298 Conn. 371 (2010) (abuse of discretion standards; trial court decisions)
- Singhaviroj v. Board of Education, 124 Conn.App. 228 (2010) (discretion in handling pendency of summary judgment)