16 Conn. App. 480 | Conn. App. Ct. | 1988
The plaintiffs
The following facts are relevant to this appeal. The action against the defendants was commenced by complaint dated August 12, 1985. The defendant filed interrogatories dated November 1, 1985, which included
On July 8, 1986, the defendant filed a motion in limine barring the plaintiff from presenting any expert testimony, or, alternatively, seeking an order compelling the plaintiff to answer the interrogatory. Although the plaintiff later stated that he thought he had supplied the name of the expert, he failed to conform to the rest of the interrogatory, namely, to supply the proposed subject matter, the factual basis of the opinion, and the substance of facts and opinions. On September 8, 1986, the trial court ruled that unless the plaintiff complied within ten days, the motion in limine would be granted.
On February 19, 1987, the trial court granted the defendant’s motion for summary judgment on the basis that the plaintiff lacked expert testimony as to the standard of care and the proximate cause of the death of the decedent, and the plaintiff appealed. Thereafter, that motion was vacated in part and, on June 18, 1987, granted, as amended, on the same ground as the Febru
Practice Book § 220 (a) (1)
We conclude that the trial court did not abuse its broad discretion in ruling that the plaintiff failed to answer interrogatory number 23, and, therefore, correctly precluded the plaintiff from bringing forward an expert witness.
The plaintiff’s second claim of error is that the trial court erred by granting the defendant’s motions for summary judgment. The standard of review for a case involving a summary judgment is abundantly clear from the rich case law in this area. Recently, in DiMaggio v. Makover, 13 Conn. App. 321, 536 A.2d 595 (1988), this court restated the standard of review that was articulated in Desnoyers v. Wells, 4 Conn. App. 666, 667-68, 496 A.2d 237 (1985). “ ‘ “A trial court may appropriately render summary judgment when the documents submitted demonstrate that there is no genuine issue of material fact remaining between the par
In this action alleging malpractice, the plaintiff did not produce an expert witness. It is well settled in Connecticut case law that a plaintiff “cannot prevail unless there was evidence of an expert nature from which the jury could reasonably conclude that the defendant was negligent, except where there is manifest such gross want of care or skill as to afford, of itself an almost conclusive inference of negligence that the testimony of an expert is not necessary.” Puro v. Henry, 188 Conn. 301, 305, 449 A.2d 176 (1982); see also Console v. Nickow, 156 Conn. 268, 270 A.2d 895 (1968); Perez v. Mt. Sinai Hospital, supra, 520. Where no expert evidence was presented, the trial court was correct in granting the defendant’s motions for summary judgment.
There is no error.
In this opinion the other judges concurred.
The named plaintiff, Kathleen Guzze, subsequently died and the plaintiff, William Guzze, her husband, who had originally sued for loss of consortium, was named executor of his wife’s estate. He has been added as a plaintiff in his representative capacity and will be designated in this opinion as the plaintiff.
The cause of action against the named defendant was withdrawn. The trial court granted the motion for summary judgment filed on behalf of the defendant Joseph Welna only. Welna will be referred to in this opinion as the defendant.
Interrogatory number 23 asks: “Do you intend to call an expert to testify at trial in this matter? If so, please state:
“a. The name, address and qualifications of said expert;
“b. The proposed subject matter of his or her testimony;
“c. The substance of the facts and opinions to which he or she will testify;
“d. The factual basis of any opinions he or she is expected to render.”
Practice Book § 231 provides: “If any party has failed to answer interrogatories or to answer them fairly ... or has failed otherwise substantially to comply with any other discovery order . . . the court may, on motion, make such order as the ends of justice require. Such orders may include the following:. . . (d) The entry of an order prohibiting the party who has failed to comply from introducing designated matters . . . . ”
Practice Book § 220 (A) (1) provides: “A party may through interrogatories require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.”
Practice Book § 232 provides: “continuing duty to disclose
“If, subsequent to compliance with any request or order for discovery and prior to or during trial, a party discovers additional or new material or information previously requested . . . he shall promptly notify the other party . . . (Emphasis added.)
Practice Book § 224 provides in pertinent part: “Any such interrogatories shall be answered under oath by the party to whom directed and such answers shall be served and filed within thirty days after the filing of the notice required by Sec. 223 (b), unless:
“(a) Counsel file with the court a written stipulation extending the time within which answers or objections may be served; or
“(b) Upon motion, the court allows a longer time; or
“(c) Objections to the interrogatories and the reasons therefor are filed and served within the thirty-day period.”