Argued
March 5, 2019
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[Copyrighted Material Omitted]
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Neil
Johnson, Hartford, for the appellant (plaintiff).
Gretchen
G. Randall, with whom, on the brief, was Emily McDonough
Souza, New Haven, for the appellees (defendants).
Alvord,
Moll and Bear, Js.
OPINION
ALVORD,
J.
[193
Conn.App. 338] The plaintiff, Delores Peek, appeals from the
summary judgment rendered in favor of the defendants,
Manchester Memorial Hospital and Prospect Medical Holdings,
Inc. On appeal, the plaintiff claims that the court
improperly determined that her action [193 Conn.App. 339] was
barred by the statute of limitations in General Statutes §
52-584.[1] Because we conclude that the evidence
before the trial court demonstrated a genuine issue of
material fact as to when the plaintiff discovered her injury
as contemplated by § 52-584, we reverse the judgment of the
trial court.
The
record, viewed in the light most favorable to the plaintiff
as the nonmoving party, reveals the following relevant facts
and procedural history. On January 30, 2015, the plaintiff
was admitted to Manchester Memorial Hospital with a medical
diagnosis of C-Diff diarrhea. On or about that date, she was
assessed at the hospital and found to be at risk for falling.
She was placed on "fall prevention protocol" and
required assistance to leave her hospital bed. On February
10, 2015, the plaintiff fell while using the restroom and
sustained injuries to her shoulder and neck, for
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which she received medication and treatment. She "was
unaware," on the date of her fall, "what was the
cause of [her] fall." The plaintiff left the hospital on
February 12, 2015, and received follow up care through
December 10, 2015, on which date she underwent neck
surgery.[2] On or about April 6, 2015, staff at
the office of the plaintiffs doctor informed the plaintiff
that "a nurse or nurses aide should have been
responsible for [her] safety while inpatient at [the
defendants hospital]."
On
November 22, 2016, the plaintiff received an automatic ninety
day extension of the statute of limitations [193 Conn.App.
340] pursuant to General Statutes § 52-190a
(b).[3] The plaintiff delivered the action to
the state marshal for service of process on May 22, 2017. In
her one count complaint, the plaintiff alleges that her fall
resulted from the defendants negligence in "fail[ing]
to exercise the degree of care, skill, and diligence
ordinarily exercised by hospitals engaged in the treat[ment]
of patients ... on ... fall prevention protocol ...." On
July 26, 2017, the defendants filed an answer and a special
defense alleging that the plaintiffs claim was barred by the
statute of limitations in § 52-584. On July 31, 2017, the
plaintiff filed her reply to the special defense, stating
therein: "The plaintiff ... denies any and all
allegations of the defendants special defense in its
entirety, the plaintiff was inpatient for the stay subject of
the plaintiffs complaint until February 28,
2015."[4]
On
September 13, 2017, the defendants filed a motion for summary
judgment, maintaining that the plaintiffs action was barred
by the statute of limitations in § 52-584. The documents
submitted with the defendants motion and memorandum of law
in support of their motion were the plaintiffs certificate
of good faith pursuant to § 52-190a and attached written
opinion letter, the plaintiffs request for an extension of
the statute of ...