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HAMILTON v. SMITH

No. 1022, Docket 84-7899.

773 F.2d 461 (1985)

Geraldine HAMILTON, Personally and as Personal Representative of the Estate of John Mason Hamilton, deceased, Plaintiff-Appellant, v. Leonard K. SMITH, M.D., Jaym Hyun, M.D. and St. Francis Hospital, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 20, 1985.

Attorney(s) appearing for the Case

Jeffrey J. Mirman, Farmington, Conn. (Tarlow, Levy, Mandell & Kostin, P.C., Farmington, Conn., James L. Kestell, Daniel E. Livingston, Kestell, Poque & Gould, Hartford, Conn., of counsel), for plaintiff-appellant.

Francis H. Morrison, III, Hartford, Conn. (Patricia A. Carpenter, Day, Berry & Howard, Hartford, Conn., of counsel), for defendant-appellee Leonard K. Smith, M.D.

Eugene A. Cooney, Hartford, Conn. (John F. Scully, Cooney, Scully & Dowling, Hartford, Conn., of counsel), for defendants-appellees Jaym Hyun, M.D. and St. Francis Hosp.

Before LUMBARD, OAKES and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

On this appeal from summary judgment dismissing plaintiff's medical malpractice suit, we must analyze a section of Connecticut's statute of limitation. Strong public policy considerations generally mandate that a plaintiff promptly assert his claim. Defendants contend that when a state legislature enacts a statute of repose it is well aware that such rule will on occasion produce a harsh result. And, defendants continue, for courts to strain...

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