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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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‘‘No. That was not my ruling. I ruled earlier in this case.
          I think a couple [of] years ago, I ruled. There will be
          no evidence of medical bills from doctors without the
          entire medical records being submitted.’’29 The referee
          later reiterated: ‘‘I made a ruling . . . early on in this
          case that, unless they were providing full medical
          records, the only damages they would be entitled to
          would be garden-variety emotional distress damages.’’
             Consistent with these statements, and because the
          complainant had not produced all of the requested
          records by the time of the hearing,30 the referee ruled
          that the complainant would be allowed to put on evi-
          dence in support of her claim for garden-variety emo-
          tional distress but could not introduce medical records
          or other treatment related evidence of emotional dis-
          tress damages. ‘‘[S]o we’re clear about the emotional
          distress,’’ the referee ruled, ‘‘any evidence beyond the
          garden-variety emotional distress claim is precluded
          unless the full entire medical records are produced.’’
            At the hearing, the branch repeatedly objected to
          the admission of the complainant’s evidence on two
          grounds. First, in a departure from the stance it took
          during the prehearing briefing, the branch argued that
          the complainant should be barred from introducing evi-
          dence even of garden-variety emotional distress. It con-
          tended that, without access to the complainant’s
          medical records, it could not adequately cross-examine
          her regarding those claimed damages. The referee over-
          ruled those objections, stating that, in her view, the
            29
               Further clouding the issue is the fact that the commission took an
          arguably different view of the referee’s order and her subsequent actions.
          Specifically, in its prehearing briefing, the commission seemed to acknowl-
          edge that the complainant had violated a direct discovery order and, as a
          result, had been prohibited from presenting medical evidence.
            30
               The complainant’s counsel acknowledged that the complainant had not
          produced her complete medical records. For example, she never produced
          Gurn’s treatment records.
Page 72                    CONNECTICUT LAW JOURNAL                        April 26, 2022