Rebecca Kirpas v. The Griffin Hospital et al.

Summary

The Connecticut Appellate Court dismissed as moot Rebecca Kirpas's appeal from summary judgment in favor of Griffin Hospital in a medical malpractice action. The court held that the plaintiff's releases of the two physicians whose alleged negligence formed the basis of the hospital's vicarious liability claim also released the hospital from vicarious liability for that conduct. Because no practical relief could result from deciding the appeal, the court did not reach the merits.

Holdings

1. The appeal was moot because the plaintiff released Felice and Srinivasan from liability for the conduct underlying her claim, and the releases operated as a matter of law to release Griffin Hospital from vicarious liability for that same conduct. Consequently, no practical relief could be afforded.
2. The Appellate Court had authority under Practice Book § 60-2 to consider undisputed events occurring during the appeal and to order augmentation of the record with the releases for purposes of resolving mootness.
3. An actual controversy must exist throughout the pendency of an appeal; when intervening events prevent the appellate court from granting practical relief, the appeal is moot and must be dismissed for lack of subject matter jurisdiction.

Questions Presented

1. Whether the appeal became moot after the plaintiff released the physicians whose alleged negligence formed the basis of her vicarious-liability claim against Griffin Hospital.
2. Whether the Appellate Court could consider releases executed during the pendency of the appeal and augment the appellate record to resolve mootness.
3. Whether a release of alleged agents operates as a matter of law to release a principal whose liability is based solely on respondeat superior.

Disposition

dismissed