Riccio v. Bristol Hospital, Inc.

Summary

The court held that the accidental failure of suit statute did not preserve the plaintiff's otherwise time-barred medical malpractice action because counsel's failure to learn and comply with controlling requirements for opinion letters constituted gross negligence rather than excusable neglect. The plaintiff bore the burden of proving that the first action failed because of mistake, inadvertence, or excusable neglect, and the record did not satisfy that burden. The judgment dismissing the second action was affirmed.