Court: Connecticut Supreme Court
Opinion Date: August 24, 2021
Areas of Law: Medical Malpractice, Personal Injury
The Supreme Court affirmed the decision of the trial court rendering summary judgment in favor of Defendant, as executor of the estate of Robert Rackliffe, on the ground that Plaintiffs’ negligence claims were time-barred, holding that the extended limitation period set forth in Conn. Gen. Stat. 52-577d did not apply to the Plaintiffs’ negligence claims for personal injuries brought against the alleged perpetrator of a sexual assault.
Seven plaintiffs, each of whom was minors at the time of the alleged assaults, alleged that Rackliffe’s conduct constituted both intentional sexual assault and medical negligence. Defendant sought summary judgment as to the counts sounding in negligence, arguing that those counts were time-barred by Conn. Gen. Stat. 52-584. The trial court granted summary judgment as to all of the negligence counts. Plaintiffs subsequently withdrew their additional claims and appealed. The Supreme Court affirmed, holding that Plaintiff’s negligence claims were governed by the three-year limitation period set forth in section 52-584 and that section 52-577d did not apply to Plaintiffs’ claims.
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