CHAPTER 926
STATUTE OF LIMITATIONS

Table of Contents

Sec. 52-584. Limitation of action for injury to person or property caused by negligence, misconduct or malpractice.
Sec. 52-592. Accidental failure of suit; allowance of new action.
Sec. 52-595. Fraudulent concealment of cause of action.

      Sec. 52-584. Limitation of action for injury to person or property caused by negligence, misconduct or malpractice.

      Plaintiff parents' claims against gynecologist delivering their infant were barred by the 3-year repose provision in statute; there was no genuine issue of material fact that gynecologist was not under a continuing duty to warn plaintiff parents of potential complications associated with respiratory distress syndrome because gynecologist ceased to be infant's treating physician after his birth; responsibility for infant's care and treatment after his birth was assumed by another physician who diagnosed infant as having the syndrome, and any legal duty that gynecologist had re infant prior to delivery concluded upon date of his birth. Imposition on delivering hospital of a continuing duty to inform plaintiff parents of all potential complications associated with infant's diagnosis regardless of his treating physician's actual knowledge would nullify the 3-year repose provision established by legislature for medical malpractice actions; the continuing course of conduct doctrine did not toll such repose provision. 280 C. 190. Continuous treatment doctrine did not apply to bar statute of limitations. 282 C. 745.

      Plaintiffs' allegations of negligence, occurring 21 years before filing of suit, made against named defendant for failure to have valid certificate of occupancy or to design, construct, operate or properly maintain property in accordance with building and fire codes, were not barred as untimely by tort statute of limitations so as to warrant granting of defendants' motion to strike those counts so alleging; facts demonstrated continuous course of conduct that tolled time limitations of section. 50 CS 28.


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      Sec. 52-592. Accidental failure of suit; allowance of new action.

      Dismissal of prior case because of lack of attention and diligence of counsel does not qualify case for continuation of action through invocation of section. 99 CA 540.

      Applies where service defeated by defendant's death, service was upon commissioner and plaintiff did not return the summons and complaint to court due to insufficiency of process. 50 CS 253.


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      Sec. 52-595. Fraudulent concealment of cause of action.

      To prove fraudulent concealment plaintiff must show that defendant had actual awareness, rather than imputed knowledge, of the facts necessary to establish plaintiff's cause of action, intentionally concealed these facts from plaintiffs, and concealed the facts for purpose of obtaining delay on plaintiff's part in filing a complaint on their cause of action. 281 C. 84.

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