Trimel v. Lawrence & Memorial Hospital Rehabilitation Center, (SC 16493)
| Decision Date | 11 December 2001 |
| Docket Number | (SC 16493) |
| Citation | 784 A.2d 889,258 Conn. 711 |
| Court | Connecticut Supreme Court |
| Parties | GLORIA TRIMEL v. LAWRENCE AND MEMORIAL HOSPITAL REHABILITATION CENTER ET AL. |
Norcott, Katz, Palmer, Zarella and Cutsumpas, JS.
William F. Gallagher, with whom, on the brief, was Thomas J. Airone, for the appellant (plaintiff).
Michael E. Driscoll, with whom, on the brief, was Jeffrey F. Buebendorf, for the appellees (defendants).
In this medical malpractice action, we granted the petition of the plaintiff, Gloria Trimel, for certification to appeal from the judgment of the Appellate Court affirming the trial court's granting of the motion for summary judgment filed by the defendants, Lawrence and Memorial Hospital Rehabilitation Center and Flanders Health Center. Trimel v. Lawrence & Memorial Hospital Rehabilitation Center, 61 Conn. App. 353, 364, 764 A.2d 203 (2001). At issue is whether the trial court properly concluded that the allegations concerning the plaintiffs fall from a wheelchair during a physical therapy session conducted on the defendants' premises asserted a claim of medical malpractice, rather than ordinary negligence, thereby requiring the filing of a certificate of good faith pursuant to General Statutes § 52-190a.1 We granted certification limited to the following issue: "Did the trial court, in holding that all the plaintiffs claims sounded in medical malpractice rather than in ordinary negligence, usurp the function of a jury by deciding a question of fact in a summary judgment motion?" Trimel v. Lawrence & Memorial Hospital Rehabilitation Center, 255 Conn. 948, 769 A.2d 64 (2001).
Having reviewed the record on appeal and having considered the briefs and oral arguments of the parties, we conclude that the appeal in this case should be dismissed on the ground that certification was improvidently granted.
The appeal is dismissed.
1. General Statutes § 52-190a (a) provides in relevant part: ...
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Jarmie v. Troncale
...accord Trimel v. Lawrence & Memorial Hospital Rehabilitation Center, 61 Conn.App. 353, 357–58, 764 A.2d 203, appeal dismissed, 258 Conn. 711, 784 A.2d 889 (2001); see also Dias v. Grady, 292 Conn. 350, 357, 972 A.2d 715 (2009) (describing requirement in § 52–190a that plaintiff in any medic......
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Jarmie v. Troncale
...accord Trimel v. Lawrence & Memorial Hospital Rehabilitation Center, 61 Conn. App. 353, 357-58, 764 A.2d 203, appeal dismissed, 258 Conn. 711, 784 A.2d 889 (2001); see also Dias v. Grady, 292 Conn. 350, 357, 972 A.2d 715 (2009) (describing requirement in § 52-190a that plaintiff in any medi......
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Freeman v. United States
...Trimel v. Lawrence & Memorial Hospital Rehabilitation Center , 61 Conn.App. 353, 357–58, 764 A.2d 203, appeal dismissed , 258 Conn. 711, 784 A.2d 889 (2001) ; Santopietro v. New Haven , 239 Conn. 207, 226, 682 A.2d 106 (1996). “Furthermore, malpractice presupposes some improper conduct in t......
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Cammarota v. Guerrera
...See Tri–mel v. Lawrence & Memorial Hospital Rehabilitation Center, 61 Conn.App. 353, 358, 764 A.2d 203, appeal dismissed, 258 Conn. 711, 784 A.2d 889 (2001).4 The plaintiff alleged legal malpractice, but the labeling of the claim is not necessarily dispositive. “[T]he interpretation of plea......
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2001 Connecticut Appellate Review
...(Dranginis, J.), cert. granted, 258 Conn. 908, 782 A.2d 1247 (2001). 120 61 Conn. App. 353, 764 A.2d 203 (Schaller, J.), cert. dismissed, 258 Conn. 711, 784 A.2d 889 (2001) (per curiam). 121 64 Conn. App. 699, 781 A.2d 440 (Landau, J.), cert. granted, 258 Conn. 931, 785 A.2d 228 (2001). 122......