Wojtkiewicz v. Middlesex Hospital
141 Conn. App. 282
Conn. App. Ct.2013Background
- Plaintiff Sally Wojtkiewicz sues Middlesex Hospital for alleged negligence.
- Injury and fall occurred May 28, 2006 while admitted for dizziness, low blood pressure, left arm pain, and UTI.
- Plaintiff filed suit October 29, 2008 with a single negligence count.
- Defendant raised a statute-of-limitations defense under General Statutes § 52-584.
- The trial court granted summary judgment, holding discovery tolling did not apply and the action was untimely.
- On appeal, the plaintiff argued continuing treatment tolled the discovery period; the appellate court affirmed Rosato v. Mascardo and upheld the trial court’s ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the discovery period of § 52-584 is tolled by continuing treatment. | Wojtkiewicz contends continuing treatment tolls discovery. | Middlesex Hospital maintains discovery tolling cannot apply per Rosato v. Mascardo. | No tolling of discovery; undisputed discovery date; action untimely. |
Key Cases Cited
- Rosato v. Mascardo, 82 Conn. App. 396 (2004) (discovery tolling not applicable to the discovery portion of § 52-584)
- Mollica v. Toohey, 134 Conn. App. 607 (2012) (discusses two-time requirements of § 52-584; discovery and repose)
- Doty v. Mucci, 238 Conn. 800 (1996) (summary judgment standards; statute of limitations context)
- Rosenfield v. I. David Marder & Associates, LLC, 110 Conn. App. 679 (2008) (plenary review of limitations issues; governing standard)
- Sinotte v. Waterbury, 121 Conn. App. 420 (2010) (whether plaintiffs’ claims are barred by limitations; plenary review)