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.

Tort Law Supreme Court Slip Opinion

by Roy, Christopher


SC20359 - DeMaria v. Bridgeport ("This certified appeal requires us to consider the extent to which a medical record is admissible as evidence pursuant to General Statutes § 52-174 (b) when that record contains an expert opinion and the author cannot be subject to cross-examination. The plaintiff, Victor DeMaria, appeals, upon our grant of his petition for certification, from the judgment of the Appellate Court, which reversed the judgment of the trial court rendered in accordance with a jury verdict awarding the plaintiff damages for injuries stemming from his fall on a sidewalk of the defendant, the city of Bridgeport. See DeMaria v. Bridgeport, 190 Conn. App. 449, 451, 211 A.3d 98 (2019). On appeal, the plaintiff claims that the Appellate Court incorrectly determined that the trial court should not have admitted into evidence a medical record containing the medical opinion of the plaintiff's treating physician assistant, Miriam Vitale, pursuant to § 52-174 (b), when the defendant was unable to cross-examine Vitale. We agree with the plaintiff and, accordingly, reverse the judgment of the Appellate Court.")