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HAYNES v. YALE-NEW HAVEN HOSPITAL

(SC 15470)

243 Conn. 17 (1997)

SUSAN M. HAYNES, ADMINISTRATRIX (ESTATE OF BARBARA S. FREEMAN) v. YALE-NEW HAVEN HOSPITAL ET AL.

Supreme Court of Connecticut.

Officially released August 26, 1997.

Attorney(s) appearing for the Case

James E. Swaine, for the appellant (plaintiff).

Mark R. Kravitz, with whom were Jeffrey R. Babbin and, on the brief, Penny Q. Seaman and Thomas J. Witt, for the appellees (defendants).

Philip J. O'Connor filed a brief for the Connecticut Defense Lawyers Association as amicus curiae.

Callahan, C. J., and Borden, Berdon, Katz, Palmer, McDonald and Peters, Js.

Opinion

BORDEN, J.

The dispositive issues in this appeal are whether: (1) underinsured motorist benefits fall within the common-law collateral source rule; and (2) the medical malpractice allegations in the complaint are sufficient to state a claim for a violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq. The plaintiff, Susan M. Haynes, as administratrix of the estate of her mother, the decedent...

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