RRD Prevails in Connecticut Appellate Court for Defendant Podiatrist

RRD partner Daniel E. Ryan and associate Liam M. West recently prevailed in the Connecticut Appellate Court on behalf of a defendant podiatrist who was allegedly negligent in the care and treatment of the plaintiff.

At the trial level, RRD successfully moved to dismiss the complaint based on the plaintiff’s failure to file the statutorily required expert opinion. Thereafter, the plaintiff filed an untimely motion to open the judgment of dismissal.  In addressing the plaintiff’s motion, the trial court found that not all of the plaintiff’s claims should have been dismissed and issued an order partially granting the motion to open. RRD filed an immediate appeal in which it argued that the trial court did not have the authority to grant an untimely motion to open. The Appellate Court agreed and held that, absent certain exceptions not present in this case, trial courts do not have the authority to grant untimely motions to open a judgment.