Sin Hang Lee v. Brenner, Saltzman & Wallman, LLP
2011 Conn. App. LEXIS 224
Conn. App. Ct.2011Background
- Plaintiff Sin Hang Lee was a member of Pathology Associates and Consultants, P.C. (corporation).
- Defendants Brenner, Saltzman & Wallman, LLP drafted and distributed new employment and stockholder agreements in June 1997 to add another physician shareholder.
- A cover letter with the 1997 drafts stated they could be tailored and that defendants were available to answer questions.
- Lee did not read the new agreements or speak to colleagues or defendants about them, but executed the new agreements on May 6, 1998.
- The corporation discharged Lee on May 15, 2003, allegedly without cause, prompting Lee to file suit on March 23, 2006.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continuous representation tolls the statute | Lee contends continuing representation extended the period. | Defendants argue no continuous representation post-1998. | Not tolled; continuous representation not shown. |
| Whether continuing course of conduct tolls the statute | Lee asserts ongoing duty after 1998 via evolving conduct. | Defendants say no continuing duty or evolving conduct post-1998. | Not tolled; no continuing course of conduct established. |
| Whether the three-year limitations period expired | Lee argues tolling doctrines save timely filing. | Agreement execution in 1998 triggered limitations; suit filed 2006 is untimely. | Expired; summary judgment proper. |
Key Cases Cited
- Sanborn v. Greenwald, 39 Conn.App. 289 (1995) (continuing course of conduct not applicable to negligent drafting absence of evolving duty)
- Bagoly v. Riccio, 102 Conn.App. 792 (2007) (no continuing representation despite limited communications)
- DeLeo v. Nusbaum, 263 Conn. 588 (2003) (continuous representation requires ongoing dispute-related representation and potential mitigation)
- Stuart v. Snyder, 125 Conn.App. 506 (2010) (examines continuing duty for tolling in continuing course of conduct cases)
- Certain Underwriters at Lloyd's, London v. Cooperman, 289 Conn. 383 (2008) (statute of limitations and tolling considerations in complex tort scenarios)