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SALMON v. DEPT. OF PUBLIC HEALTH & ADDICTION SERVICES

(SC 16400)

259 Conn. 288 (2002)

SANDRA SALMON v. DEPARTMENT OF PUBLIC HEALTH AND ADDICTION SERVICES

Supreme Court of Connecticut.

Officially released February 5, 2002.

Attorney(s) appearing for the Case

Edward F. Osswalt, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Richard J. Lynch, assistant attorney general, for the appellant-appellee (defendant).

James R. Smart, with whom, on the brief, was Steven D. Ecker, for the appellee-appellant (plaintiff).

Sullivan, C. J., and Borden, Norcott, Katz and Palmer, Js.

Opinion

BORDEN, J.

The principal issues in this certified appeal and cross appeal are whether: (1) pursuant to General Statutes § 20-102cc (a),1 a subjective or objective test should be applied in determining whether a nursing home resident has suffered any harm or adverse impact as a result of alleged abuse by her caregiver; (2) the definition of resident abuse under the aforementioned statute requires an element...

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