Supreme Court of Connecticut
Harvey v. Dept. of Correction
July 27, 2021
Summary
Justice D’Auria concurs in the majority’s conclusion that an estate bringing a wrongful-death action against the state based on medical malpractice must comply with both applicable limitations periods, and that failure to do so permits dismissal for lack of subject matter jurisdiction. The concurrence separately identifies unresolved sovereign-immunity questions concerning whether the estate was authorized to bring the wrongful-death action and whether it needed to obtain new permission from the Claims Commissioner. It urges the legislature to clarify those questions.