SC20524 - Carpenter v. Daar ("This certified appeal requires us
to consider the extent to which our case law, most
significantly, Morgan v. Hartford Hospital, 301 Conn.
388, 21 A.3d 451 (2011), has resulted in the deviation of
Connecticut’s good faith opinion letter statute, General
Statutes § 52-190a, from the legislature’s intention that
it ‘‘prevent frivolous [medical] malpractice actions’’ but
not ‘‘serve as a sword to defeat otherwise facially meritorious claims.’’ Wilkins v. Connecticut Childbirth &
Women’s Center, 314 Conn. 709, 736 n.9, 104 A.3d 671
(2014). The plaintiff, Shane J. Carpenter, appeals, upon
our grant of his petition for certification, from the judgment of the Appellate Court upholding the dismissal of
his dental malpractice action against the defendants,
Bradley J. Daar and his business entity, Shoreline Modern Dental, LLC (Shoreline). Carpenter v. Daar, 199
Conn. App. 367, 369–70, 405, 236 A.3d 239 (2020). On
appeal, the plaintiff claims that the Appellate Court
incorrectly concluded that (1) because the opinion letter implicates the court’s personal jurisdiction, the trial
court should not have considered an affidavit filed by
the plaintiff to supplement a potentially defective opinion letter (supplemental affidavit) as an alternative to
amending the operative complaint, and (2) the author of
the opinion letter, Charles S. Solomon, an endodontist,
was not a ‘‘similar health care provider,’’ as defined by
General Statutes § 52-184c, to Daar, who is a general
dentist. Our review of the plaintiff’s claims leads us to
confront a more fundamental issue under § 52-190a,
namely, whether this court correctly concluded in Morgan that the opinion letter requirement implicates the
court’s personal jurisdiction for purposes of the procedures attendant to the motion to dismiss. See Morgan
v. Hartford Hospital, supra, 401–402. Having received
supplemental briefing on this issue; see footnote 2 of
this opinion; we conclude that Morgan was wrongly
decided on this point. We now hold that the opinion
letter requirement is a unique, statutory procedural
device that does not implicate the court’s jurisdiction
in any way. We further conclude that, consistent with
this court’s decision inBennett v. New Milford Hospital,
Inc., 300 Conn. 1, 12 A.3d 865 (2011), for purposes of
the motion to dismiss pursuant to § 52-190a (c), the
sufficiency of the opinion letter is to be determined
solely on the basis of the allegations in the complaint
and on the face of the opinion letter, without resort to
the jurisdictional fact-finding process articulated in, for
example, Conboy v. State, 292 Conn. 642, 651–52, 974
A.2d 669 (2009). Because the opinion letter in the present case established that Solomon was a similar health
care provider to Daar under the broadly and realistically
read allegations in the complaint, we conclude that
the plaintiff’s action should not have been dismissed.
Accordingly, we reverse the judgment of the Appellate Court.")