Court Holds Connecticut Nursing Home Liable in Wrongful Death Claim

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In the case of Coulombe v. Aaron Manor, Inc., an administratrix sued a nursing center, two doctors, and a medical group, for wrongful death and medical malpractice. The group filed a motion to dismiss, arguing that the trial court lacked jurisdiction over the claims against it because it was not a legal entity and did not have the capacity to be sued. The administratrix requested the opportunity to amend her complaint. The adminstratrix alleged the doctors were negligent in caring for the decedent, whom died as a result of an infection under their care, aas they were acting within the scope of their employment with the group. In this respect, the group was vicariously liable for the negligent care. The group argued that it was merely a trade name, not a legal entity; therefore, the court lacked subject matter jurisdiction over it.

The court held that as the group's trade name certificate described it as a partnership, and no evidence contradicted the presumption created by Connecticut law that this description was correct, it would be deemed a partnership and thus could be sued in its own name. . If the group later presented evidence that the group was merely a trade name, the adminstratrix could amend the complaint to name the proper entity because: (1) she intended to sue the proper party, (2) there was no evidence that her error misled the proper party to its prejudice, and (3) the error was caused by the proper party's failure to correct the inaccuracies in group’s trade name certificate, as it was required to do under Connecticut law and policiy.

The group's motion to dismiss was denied. If evidence was later presented that showed that the group was a trade name that was being used by another entity or person, plaintiff could amend her complaint to name that entity or person in lieu of the group. If this occurred, plaintiff's claim against this party would relate back to the service of the original process.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained. 

Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

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Source: Coulombe v. Aaron Manor, Inc., 2007 Conn. Super. LEXIS 2240 (Conn. Super. Ct. Aug. 20, 2007)