Suprynowicz v. Tohan

Citations

• 351 Conn. 75

Syllabus

The plaintiffs appealed from the judgment of the trial court for the defendant, a reproductive endocrinologist who, in connection with certain in vitro fertilization procedures he performed, allegedly used his own sperm to impregnate the plaintiffs' mothers without consent. The plaintiffs claimed that, in striking their amended complaint, the trial court had incorrectly determined that their negligence claims sounded in wrongful life, which the defendant argued was not a legally cognizable cause of action in Connecticut, rather than ordinary negligence. Held: The trial court incorrectly determined that the plaintiffs' negligence claims sounded in wrongful life rather than ordinary negligence. The plaintiffs' negligence claims bore none of the hallmarks of wrongful life claims and, instead, could be properly adjudicated as ordinary negligence claims, as the plaintiffs alleged that the defendant, through his deception, was directly responsible for the mental anguish, physical injury and compromised familial relations they have suffered, and they were not seeking to be made whole by being restored to a state of nonbeing but, rather, to be compensated for injuries and losses that they claimed could have been prevented or substantially mitigated if the defendant had acted with due care. Accordingly, this court reversed the trial court's judgment with respect to the plaintiffs' negligence claims and remanded the case with direction to 76 JANUARY, 2025 351 Conn. 75 Suprynowicz v. Tohan deny the defendant's motion to strike as to those claims and for further pro- ceedings. Argued October 30, 2024—officially released January 14, 2025