Zhuleku v. Naugatuck Valley Radiology Associates

Citations

• 232 Conn. App. 143

Syllabus

The plaintiffs, following a jury trial, appealed from the trial court's judgment for the defendants in their medical malpractice action. The plaintiffs claimed, inter alia, that the court abused its discretion in sustaining the defendants' objection to their amended revised complaint. Held: The trial court did not abuse its discretion in sustaining the defendants' objection to the plaintiffs' amended revised complaint, which had been filed during jury selection and on the eve of the presentation of evidence, as the court reasonably determined that the new allegations in the proposed complaint would have worked an injustice to the defendants, who had no prior notice regarding the proposed new claims. The trial court did not abuse its discretion by refusing the plaintiffs' request to charge the jury that the plaintiff in a medical negligence case may prove the standard of care and its breach through the testimony of the defendant, as, even if this court were to agree with the plaintiffs that the court's charge was improper, the plaintiffs failed to brief the issue of harm adequately and, thus, demonstrate that the alleged instructional error affected the verdict. The trial court did not abuse its discretion by denying the plaintiffs' request to give a consciousness of liability instruction to the jury, as the record was devoid of any evidence that supported the giving of such an instruction. Argued January 15—officially released April 22, 2025