MULCAHY v. HARTELL

No. 33381.

59 A.3d 313 (2013)

140 Conn.App. 444

Robin MULCAHY v. Gary E. HARTELL, D.C.

Appellate Court of Connecticut.

Decided January 29, 2013.


Attorney(s) appearing for the Case

Anthony J. Natale , with whom, on the brief, were Brian L. Wolinetz and Shannon N. Butler , for the appellant (plaintiff).

Beverly S. Knapp , with whom, on the brief, was Craig A. Fontaine , Hartford, for the appellee (defendant).

GRUENDEL, BEACH and ROBINSON, Js.


BEACH, J.

The dispositive issue in this appeal is whether evidence of a plaintiff's posttreatment conduct may be offered by a defendant under a general denial for the purpose of showing that the plaintiff's conduct was the sole proximate cause of her injuries. Because the defendant, Gary E. Hartell, D.C., proceeded under a general denial, and did not plead comparative negligence as a special defense, the plaintiff, Robin Mulcahy, claims that the defendant was precluded...

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