§ 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)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
- Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
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Full Text
2,584 chars‘‘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