Feliciano v. State

Citations

• 336 Conn. 669

Syllabus

Pursuant to statute (§ 52-556), ''[a]ny person injured . . . through the negli- gence of any state official or employee when operating a motor vehicle owned and insured by the state against personal injuries . . . shall have a right of action against the state to recover damages for such injury.'' Pursuant further to statute (§ 31-284 (a)), an employer otherwise in compli- ance with § 31-284 ''shall not be liable for any action for damages on ber's rating includes the relevant joint; thus, there is no reasonable argument that the entire member is lost in that instance, with only a portion of its function lost as a result of the joint replacement. We also recognize that artificial mechanisms exist that would sustain heart functioning in place of a heart composed of living tissue. See J. Cook et al., ''The Total Artificial Heart,'' 7 J. Thoracic Disease 2172, 2172 (2015). The organ at issue in the present case, however, is one that is enumerated under § 31-308 (b) and that was completely replaced by living tissue. We note, therefore, that this case does not disturb the treatment of joint replacements, which replace a part of a member and are distinct from a total replacement of an enumerated organ, such as the heart. See Rayhall v. Akim Co., supra, 263 Conn. 357 (recognizing that maximum medical improvement of leg would be found after completion of knee replacement). The listing of justices reflects their seniority status on this court as of the date of oral argument. 670 MAY, 2021 336 Conn. 669 Feliciano v. State account of personal injury sustained by an employee arising out of and in the course of his employment,'' and ''[a]ll rights and claims between [such] an employer . . . [and its] employees, arising out of personal injury . . . sustained in the course of employment are abolished other than rights and claims given by [the Workers' Compensation Act] . . . .'' The plaintiff, a state employee, sought to recover damages from the state for personal injuries she sus