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Tort Law Supreme Court Opinion

by Mazur, Catherine


SC19461 - Blakely v. Danbury Hospital (Wrongful death; "The sole issue in this certified appeal is whether the lapse of a jurisdictional time limitation for commencing suit in a statutory cause of action gives a defendant immunity from suit, such that an interlocutory appeal would be permitted to challenge a decision concluding that the accidental failure of suit statute (savings statute), General Statutes ยง 52-592, saved an otherwise untimely action. We conclude that no immunity from suit arises under such circumstances. Consequently, a decision concluding that the savings statute permits a statutory cause of action subject to a jurisdictional time limitation to proceed cannot be the subject of an interlocutory appeal authorized under State v. Curcio, 191 Conn. 27, 31, 463 A.2d 566 (1983).")