DiLieto v. County Obstetrics & Gynecology Group, P.C.

The named plaintiff, Michele DiLeito, commenced this medical malpractice action against Defendants. The jury found Defendants liable and awarded $5,200,000 plus interest to the substitute plaintiff, LiDeito's bankruptcy trustee. The Supreme Court affirmed except with respect to the amount of interest awarded. The trustee subsequently filed a motion for postjudgment interest pursuant to Conn. Gen. Stat. 37-3b. Thereafter, DiLieto was substituted as plaintiff. The trial court denied the motion, determining at DiLieto had failed to demonstrate Defendants wrongfully detained money payable to her under the judgment. DiLieto appealed, arguing that the trial court should not have applied the wrongful detention standard of Conn. Gen. Stat. 37-3a in declining to award postjudgment interest under section 37-3b. The Supreme Court reversed in part, holding that although the trial court properly determined that the same standard applies to an award of interest under section 37-3a as an award for interest under the version of section 37-3b in effect before the 1997 amendment, the standard the court actually applied was incorrect, as, under both provisions, a plaintiff who obtains a judgment is entitled to interest when the trial court determines under its discretion that such an award would be fair and equitable. Remanded. View "DiLieto v. County Obstetrics & Gynecology Group, P.C." on Justia Law