Hamilton v. Smith

CARDAMONE, Circuit Judge:

On this appeal from summary judgment dismissing plaintiffs medical malpractice suit, we must analyze a section of Connecticut’s statute of limitation. Strong public policy considerations generally mandate that a plaintiff promptly assert his claim. Defendants contend that when a state legislature enacts a statute of repose it is well aware that such rule will on occasion produce a harsh result. And, defendants continue, for courts to strain to find exceptions to the legislation will simply fuel endless or limitless litigation. Yet, here, as plaintiff points out, the…