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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 46a-58

Citation
§ 46a-58
Parent Document
Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
Jurisdiction
Connecticut (state)
Effective Date
2022-04-26

Other Sections in This Document (128)

Full Text

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branch, however, that certain evidence of treatment
          related emotional distress was improperly admitted.
          Although it is a close call, we are unable to conclude
          on this record that the evidentiary error was harmless.
          We therefore remand the case to the trial court with
          direction to remand to the commission for a new hear-
          ing in damages.
                                               A
             The record reveals the following relevant procedural
          facts. During the administrative proceedings, the branch
          issued discovery requests to both the complainant and
          the commission. The branch included the following
          request: ‘‘Please produce all medical records, counsel-
          ing records, office notes, or other documents, if any,
          identifying any and all medical professionals who[m]
          the complainant consulted with or was treated by for
          emotional damages and/or physical damages that the
          complainant contends are related to [her] claims of
          discrimination.’’ No such records were produced in
          response to this request. The complainant’s initial wit-
          ness lists, however, included two proposed witnesses—
          Dawn Gurn, a therapist, and Michael E. Coyle, a psy-
          chologist—whom the complainant identified as individ-
          uals who provided mental health treatment to her. She
          indicated that she intended to call both of these wit-
          nesses in support of her claim for emotional distress
          damages. The branch objected to the proposed testi-
          mony because the complainant had failed to supply
          any medical or mental health records relating to either
          witness, despite its request.
            The referee ruled on the branch’s objections off the
          record, during a prehearing conference on September
          to use it, to describe emotional distress that (1) is testified to only by the
          complainant and other lay witnesses, (2) involves the sorts of everyday
          emotional and physical reactions to trauma that a jury reasonably could be
          expected to assess without the assistance of expert testimony, and (3) does
          not involve a claim by the complainant that the emotional distress required
          professional medical/psychological diagnosis, treatment, or medication.
April 26, 2022                 CONNECTICUT LAW JOURNAL                                     Page 69