Witt v. St. Vincent's Medical Center

Opinion

KATZ, J.

In this certified appeal, the plaintiff claims1 that the trial court improperly concluded, in granting the motion for summary judgment filed by the defendant David Lobdell (defendant),2 that his action was barred by the three year statute of repose contained in General Statutes § 52-584.3 We conclude that there is a genuine issue of material fact as to whether the statute of repose contained in § 52-584 was tolled by the contin*365uing course of conduct doctrine because of the defendant’s alleged ongoing failure to report to the plaintiff the totality of his diagnosis. Accordingly,…