Argued
December 13, 2018
Appeal
from the Superior Court, Judicial District of Hartford, Moll,
J.
Page 468
[Copyrighted Material Omitted]
Page 469
Sylvester Traylor, self-represented, the appellant
(plaintiff).
Jane R.
Rosenberg, former solicitor general, with whom, on the brief,
was George Jepsen, former attorney general, for the appellees
(named defendant et al.).
William
L. Stevens, for the appellees (defendant Advanced
Telemessaging, LLC, et al.)
Donald
E. Leone, Jr., with whom, on the brief, was Anthony D.
Sutton, for the appellees (defendant Bassam Awwa et al.)
Robinson,
C. J., and Palmer, Kahn, Ecker and Stevens, Js.
OPINION
STEVENS,
J.
[332
Conn. 791] This appeal arises from the most recent in a
series of civil actions that the plaintiff, Sylvester
Traylor, has brought in state and federal court relating to
the suicide of his wife, Roberta Mae Traylor (Roberta). The
plaintiff, who is self-represented, brought the present case
against the defendants, who are (1) the state of Connecticut,
numerous current and former Superior
Page 470
Court judges,[1] and the Appellate Court (state
defendants); (2) Robertas treating psychiatrist, Bassam
Awwa, and his employer, Connecticut Behavioral Health
Associates, P.C. (Awwa defendants); and (3) Robert Knowles
and Neil Knowles, and their business, Advanced Telemessaging
(Knowles defendants). The plaintiff now appeals[2] from the
judgment of the trial court, Moll, J.
,[3] rendered in accordance with its
granting of the defendants motions to dismiss and for
summary judgment. On appeal, the plaintiff claims that
General Statutes § 52-190a,[4] which requires a
plaintiff to [332 Conn. 792] append a good faith certificate
and supporting opinion letter to the complaint in cases of
medical negligence, is unconstitutional. Although the
plaintiff fully briefed his attack on the constitutionality
of § 52-190a, we cannot reach the merits of that claim
because of his failure to challenge the trial courts
threshold conclusions that his claims against all of the
defendants are barred by, inter alia, the doctrines of res
judicata and collateral estoppel. Accordingly, we affirm the
judgment of the trial court.
The
record reveals the following facts relevant to the
plaintiffs claim on appeal,[5] as pleaded in his
complaint,[6]
Page 471
[332 Conn. 793] and the complex procedural history of this
case. Beginning in 2002, Awwa and his employer, Connecticut
Behavioral Health Associates, P.C., provided psychiatric
treatment to Roberta. In 2002, the plaintiff attended a
treatment session with Roberta, at which time Awwa became
aware of her suicidal thoughts. In early 2004, Awwa
prescribed medication for Roberta to treat her major
depressive disorder, despite the existence of manufacturers
warnings that (1) the medications should not be prescribed to
anyone with suicidal thoughts, (2) "the possibility of a
suicide attempt is inherent in depression and may persist
until [a] significant remission occurs," and (3)
"[c]lose supervision of high risk patients should
accompany initial drug therapy." Awwa changed Robertas
medication on several occasions during the period of time
leading up to March 1, 2004. The plaintiff contacted the Awwa
defendants on nine different occasions to inform them that
Roberta was having adverse reactions to the medications that
Awwa had prescribed. Roberta also sent Awwa a letter dated
December 23, 2003, to that effect. Awwa did not return the
plaintiffs telephone calls or otherwise indicate that he
appreciated the danger of the situation. On March 1, 2004,
Roberta tragically committed suicide.
On June
2, 2006, the plaintiff, acting as a self-represented party,
filed a medical malpractice action in New [332 Conn. 794]
London Superior Court against the Awwa defendants in his own
name and as administrator of Robertas estate, claiming
wrongful death, medical malpractice, loss of chance, and loss
of consortium. See Traylor v. Awwam, Superior Court,
judicial district of New London, Docket No.
CV-06-5001159-S (2006 action). At the time the plaintiff
filed the complaint, he had not attached the certificate of
good faith and written opinion of a similar health care
provider, which are required by § 52-190a. On July 27, 2006,
the Awwa defendants moved to dismiss the 2006 action for lack
of personal jurisdiction; the trial court, Hon. D.
Michael Hurley, judge trial referee, denied that motion
...