Chadha v. Charlotte Hungerford Hosp.
Decision Date | 15 February 2005 |
Docket Number | No. 17029.,17029. |
Citation | 272 Conn. 776,865 A.2d 1163 |
Court | Connecticut Supreme Court |
Parties | Mohinder P. CHADHA v. CHARLOTTE HUNGERFORD HOSPITAL et al. |
Jeffrey R. Babbin, New Haven, for the appellants (named defendant et al.).
Mohinder P. Chadha, pro se, the appellee (plaintiff).
Michael D. Neubert and Maureen Sullivan Dinnan, New Haven, filed a brief for the American Medical Association et al. as amici curiae.
Jennifer A. Osowiecki, Hartford, and Patrick J. Monahan II filed a brief for the Connecticut Hospital Association as amicus curiae.
BORDEN, NORCOTT, KATZ, PALMER and ZARELLA, Js.
At common law, statements made in connection with judicial and quasi-judicial proceedings are absolutely privileged. The principal issue raised by this certified appeal is whether General Statutes §§ 19a-17b(b)1 and 19a-20,2 which provide qualified immunity to persons who give information to the medical examining board (board) of the department of public health, abrogate the common-law privilege applicable to quasijudicial proceedings of the board. The plaintiff, Mohinder P. Chadha, commenced this action alleging, inter alia, that the named defendant, Charlotte Hungerford Hospital (hospital), submitted a false report to the National Practitioner Data Bank3 and that defendants Samuel Langer, Michael Kovalchik, Justin Schechter and Robert Stine4 knowingly and maliciously had made false and defamatory statements about the plaintiff to the board. The trial court denied the defendants' motion for summary judgment insofar as it was predicated on the claim that §§ 19a-17b(b) and 19a-20 do not abrogate the common-law rule of absolute immunity. The defendants appealed to the Appellate Court, which affirmed the trial court's partial denial of the defendants' motion for summary judgment. See Chadha v. Charlotte Hungerford Hospital, 77 Conn.App. 104, 122, 822 A.2d 303 (2003). We granted the defendants' petition for certification to appeal; Chadha v. Charlotte Hungerford Hospital, 265 Conn. 902, 829 A.2d 419 (2003); and now affirm the judgment of the Appellate Court.
The following relevant facts and procedural history are set forth in the opinion of the Appellate Court: 8 9
12 Chadha v. Charlotte Hungerford Hospital, supra, 77 Conn.App. at 106-109, 822 A.2d 303. The defendants appealed to the Appellate Court, claiming that the trial court improperly had determined that they were not entitled to absolute immunity for the statements contained in the affidavits that they had submitted to the department of public health. The Appellate Court noted, preliminarily, that "the denial of a motion for summary judgment is not, ordinarily, an appealable final judgment." Id., at 110, 822 A.2d 303. The Appellate Court further observed, however, that the denial of a motion for summary judgment, which has been filed on the basis of a colorable claim of absolute immunity, is, for final judgment purposes, substantially similar to the denial of a motion to dismiss that has been filed on the basis of a colorable claim of sovereign immunity. Id. The Appellate Court concluded that because the latter is an immediately appealable final judgment; see Shay v. Rossi, 253 Conn. 134, 167, 749 A.2d 1147 (2000), overruled in part on other grounds by Miller v. Egan, 265 Conn. 301, 828 A.2d 549 (2003); so, too, is the former. See Chadha v. Charlotte Hungerford Hospital, supra, 77 Conn.App. at 110, 822 A.2d 303.
The Appellate Court then proceeded to address the merits of the trial court's determination that the defendants were not entitled to judgment on the ground of absolute immunity. The Appellate Court, with one judge dissenting, affirmed the trial court's denial of the defendants' summary judgment motion on the ground of absolute immunity, concluding that the language and legislative history of §§ 19a-17b and 19a-20 supported the trial court's determination that, in enacting those two provisions, the legislature had abrogated the common-law absolute immunity that otherwise would have shielded the defendants from liability.13 Id., at 113-14, 822 A.2d 303. We granted the defendants' petition for certification to appeal limited to the following two issues: "Did the Appellate Court properly conclude that: (1) a denial of a motion for summary judgment, filed on the basis of absolute immunity, is a final judgment for purposes of appeal; and (2) the trial court properly denied the defendants' motion for summary judgment?" Chadha v. Charlotte Hungerford Hospital, supra, 265 Conn. 902, 829 A.2d 419. We answer both questions in the affirmative and, therefore, affirm the judgment of the Appellate Court.
We first consider whether the Appellate Court properly determined that the denial of a motion for summary judgment, which has been filed on the basis of absolute immunity, constitutes an appealable final judgment.14 As a general rule, an interlocutory ruling may not be appealed pending the final disposition of a case. See, e.g., Doublewal Corp. v. Toffolon, 195 Conn. 384, 388, 488 A.2d 444 (1985); see also State v. Curcio, 191 Conn. 27, 30, 463 A.2d 566 (1983) ( ). The denial of a motion for summary judgment ordinarily is an interlocutory ruling and, accordingly, not a final judgment for purposes of appeal. See, e.g., Connecticut National Bank v. Rytman, 241 Conn. 24, 34, 694 A.2d 1246 (1997). ...
To continue reading
Request your trial-
Graham v. Comm'r of Transp.
...the state to litigate every case in which any state employee failed to report a highway defect. See Chadha v. Charlotte Hungerford Hospital , 272 Conn. 776, 786, 865 A.2d 1163 (2005) (sovereign immunity "protects against suit as well as liability—in effect, against having to litigate at all......
-
State Of Conn. v. Fielding, No. 18184.
...statutory or constitutional right is at risk.” (Citation omitted; internal quotation marks omitted.) Chadha v. Charlotte Hungerford Hospital, 272 Conn. 776, 785-86, 865 A.2d 1163 (2005). Moreover, “when a statute vests the trial court with discretion to determine if a particular [party] is ......
-
Ceslik v. Miller Ford, Inc.
...200 Conn. 243, 510 A.2d 1337, 1338-39 (1986), superseded by statute on other grounds as recognized in Chadha v. Charlotte Hungerford Hosp., 272 Conn. 776, 865 A.2d 1163 (2005)). The rationale for this grant of immunity is a desire not to chill speech in such proceedings. See DeLaurentis v. ......
-
Farrar v. Town of Stratford
...v. Ellis, 200 Conn. 243, 253, 510 A.2d 1337 (1986), superseded by statute on other grounds as recognized in Chadha v. Charlotte Hungerford Hosp., 272 Conn. 776, 865 A.2d 1163 (2005). "Whether a defendant's conduct is sufficient to satisfy the requirement that it be extreme and outrageous is......