Dorry v. Garden

Plaintiff’s decedent received medical care and treatment from Defendants and, thereafter, died in August 2007. Plaintiff extended the two-year statute of limitations contained in Conn. Gen. Stat. 52-555 until November 2009, at which point Plaintiff sent a summons and complaint to a marshal and requested that Defendants be served. Due to an error on the part of the marshal, the trial court dismissed the claims against Defendants in April 2011 for improper service. In December 2011, Plaintiff commenced the present wrongful death action. The trial court granted Defendants’ motions to dismiss on the basis of the two-year statute of limitations, concluding that Conn. Gen. Stat. 52-592, the accidental failure of suit statute, did not operate to save Plaintiff’s action. The Supreme Court reversed, holding that the trial court improperly determined that section 52-592 did not save the action. Remanded. View "Dorry v. Garden" on Justia Law