PAVLINKO v. YALE-NEW HAVEN HOSPITAL

(11361)

192 Conn. 138 (1984)

PETER PAVLINKO v. YALE-NEW HAVEN HOSPITAL ET AL.

Supreme Court of Connecticut.

Decision released January 31, 1984.


Attorney(s) appearing for the Case

Robert T. Harrington, with whom, on the brief, was Robert D. Mercer-Falkoff, for the appellant (plaintiff).

William B. Rush, for the appellees (named defendant et al.).

Michael P. Del Sole, for the appellees (defendant Yale University School of Medicine et al.).

SPEZIALE, C. J., PARSKEY, SHEA, SPONZO and MENT, Js.


PARSKEY, J.

The issue presented by this case is whether dismissal of a malpractice action is appropriate because of the refusal of the plaintiff to answer questions at a deposition concerning the removal, custody and control of the hospital records pertaining to the plaintiff's decedent. On the facts of this case we hold that dismissal is an appropriate sanction.

The plaintiff, as administrator of the estate of his wife, Julie Pavlinko, brought the present...

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