Council v. Hein

Syllabus

The plaintiff appealed from the trial court's judgment dismissing her personal injury action brought pursuant to the accidental failure of suit statute (§ 52-592 (a)). The plaintiff claimed, inter alia, that the court erred in consider- ing and granting the defendants' motion to dismiss because it was not the proper procedural vehicle to challenge the applicability of § 52-592. Held: This court concluded that, although the trial court improperly granted the defendants' motion to dismiss because it was not the proper procedural vehicle for challenging the applicability of § 52-592, the plaintiff failed to offer even remote factual support for her action under § 52-592 and failed to demonstrate how she was harmed by the court's error; accordingly, the form of the judgment was improper. Argued October 20, 2025—officially released April 21, 2026