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Contract Law Appellate Court Opinion

by Roy, Christopher

 

AC38813 - Estela v. Bristol Hospital, Inc. ("This appeal is the latest installment in a long and protracted litigation between the parties. The plaintiff, Jose Estela, a physician, appeals from the trial court’s judgment that his case could not be maintained under the accidental failure of suit statute, General Statutes § 52-592 (a), because his first action against the defendant, Bristol Hospital, Inc., was dismissed for 'serious disciplinary reasons' and not as a matter of form. On appeal, the plaintiff claims that (1) the defendant waived the right to challenge the applicability of § 52-592 (a); (2) the court incorporated a different and higher standard into its decision and thus deprived him of his rights under Ruddock v. Burrowes, 243 Conn. 569, 706 A.2d 967 (1998), by limiting the § 52- 592 (a) hearing to the standard set forth in General Statutes § 52-212; (3) his alleged discovery noncompliance occurred in circumstances such as mistake, inadvertence, or excusable neglect; and (4) § 52-592 (a) applies to any judgment of nonsuit. We disagree and, accordingly, affirm the judgment of the trial court.")