Louisette G. Lagassey, Executrix (Estate of Wilfred J. Lagassey) v. State of Connecticut, 281 Conn. 1

Summary

The Connecticut Supreme Court affirmed summary judgment for the state in a wrongful-death action arising from alleged medical negligence. The court held that General Statutes § 4-160(d) tolls the applicable two-year wrongful-death limitation period while a claim is pending before the Claims Commissioner, but does not restart the period when authorization to sue is granted.

Holdings

1. The tolling provision in § 4-160(d) suspends, but does not restart, the running of the applicable limitations period while a claim is pending before the Claims Commissioner. When authorization to sue is granted, the claimant has only the time remaining under the applicable limitations period, subject also to the statutory provision that no action may be brought more than one year after authorization.
2. The action was time barred because the plaintiff did not file it within the nineteen days remaining in the applicable two-year limitations period after authorization to sue was granted.

Questions Presented

1. Whether General Statutes § 4-160(d) merely suspends the running of the two-year wrongful-death limitations period under General Statutes § 52-555 while a claim is pending before the Claims Commissioner, or instead causes the limitations period to begin anew when authorization to sue is granted.
2. Whether the plaintiff's wrongful-death action was time barred because it was not filed within the nineteen days remaining in the § 52-555 limitations period after authorization to sue.

Disposition

affirmed