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BPS Lawyers Tally a Victory at Supreme Court

January 2, 2025 General

In Larissa Marland, Adm. Of the Estate of Norman Marland v. University of Connecticut Health Center, et al., the Connecticut Supreme Court agreed that a case involving a belated decision by the Claims Commissioner could proceed.  Attorney Bruce Newman, representing Ms. Marland in a medical negligence claim arising out of the death of her husband, appealed the Superior Court ruling which had dismissed the case. The matter was transferred to the state Supreme Court and in its December 2024 ruling the court agreed with the plaintiff’s position that the decision of the Office of the Claims Commissioner could not be collaterally attacked.  In other words, it was incumbent on the defendants to challenge Claims Commissioner Christy Scott’s ruling while the case was pending in that office. In this regard, the Supreme Court upheld its precedent from earlier in the year in Lynch v. State, 348 Conn. 478,501-504 (2024).  The Marland case can now proceed to trial.  The entire decision can be read here: https://jud.ct.gov/LawLib/LawLibNews/Posts/Post.aspx?Id=6123