The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Medical Malpractice Supreme Court Opinion

by Booth, George


SC20344 - Wolfork v. Yale Medical Group ("The defendants, Yale Medical Group, Yale School of Medicine, Yale-New Haven Hospital, Inc., and Yale New Haven Health System, appeal from the order of the trial court granting the motion of the substitute plaintiff, Damian Pisani (Pisani), to open and vacate the trial court's final judgment of dismissal for failure to prosecute the present action with reasonable diligence under Practice Book § 14-3. The defendants contend that the trial court improperly opened the judgment pursuant to General Statutes § 52-212 and Practice Book § 17-43 because (1) Pisani was not a party to the action and, therefore, lacked standing, (2) the motion was not verified by oath, did not demonstrate that a good cause of action existed, and did not establish reasonable cause to excuse the failure to prosecute the action with reasonable diligence, and (3) "there [was] absolutely no claim of fraud on the part of the present defendants." We dismiss the defendants' appeal in part because we conclude that appellate jurisdiction exists only with respect to the defendants' challenge to the subject matter jurisdiction of the trial court to open the judgment on the ground of Pisani's alleged lack of standing. We reject the defendants' standing claim and, therefore, uphold the trial court's determination with respect to the issue of standing.")