DocketNumber: No. CV 89 0367421
Citation Numbers: 1993 Conn. Super. Ct. 2013
Judges: WAGNER, J.
Filed Date: 2/24/1993
Status: Non-Precedential
Modified Date: 4/17/2021
Defendants Hartford Hospital, Sherry A. Stohler, Shelley Bianchi-Bowen, and Robert Graham move for summary judgment on two grounds: (1) that the plaintiff's claims are barred by the applicable statute of limitations, C.G.S. sections
Defendants concede that by petition dated June 5, 1989, plaintiff's attorney requested, pursuant to C.G.S. Sec.
C.G.S. Sec.
Subsection (b) states:
(b) Upon petition to the clerk of the court where the action will be filed, an automatic ninety-day extension of the statute of limitations shall be granted to allow the reasonable inquiry required by subsection (a) of this section. This period shall be in addition to other tolling periods.
The statute seems quite clear that the petition for CT Page 2015 extension under subsection (b) relates directly to the reasonable inquiry required by subsection (a), and therefore any extension would be limited to "each named defendant" against whom an action is contemplated.
No decision or authority interpreting this statute has been drawn to our attention. We conclude that under the plain language of the two sections, read together, if certain defendants are named in the petition for extension, the benefit of such extension may not be claimed for other defendants not so named.
Since the decedent died on June 10, 1987, and this action was not commenced until August 29, 1989, more than the two years limitations provided for in C.G.S. sections
In view of this conclusion, it becomes unnecessary to consider defendants' second claim.
Motion for Summary Judgment in favor of moving defendants granted.
Wagner, J.