Agnes Squeo, Fiduciary of the Estate of Stephen J. Sequeo et al. v. The Norwalk Hospital Association et al. (2010)

MEMORANDUM OF DECISION ON REQUEST FOR LEAVE TO AMEND DATED NOVEMBER 18, 2009 (# 115.00)

The court finds that it has discretion to act on the Request for Leave to Amend under Gen.Stat. § 52-190(a)(a) and (c).  The court finds that the two health care provider opinion letters attached to the amended complaint existed prior to the commencement of this action.  Votre v. County Obstetrics & Gynecology Group, P.C., 113 Conn. 569, 585 (2009), cert. denied 292 Conn. 911 (2009).   The court exercises its discretion and grants the Request for Leave to Amend dated November 18, 2009 (# 115.00).  Dow & Condon, Inc. v. Brookfield Development Corp., 266 Conn. 572, 583 (2003);  Alswanger v. Smego, 257 Conn. 58, 64-65 (2001);  Moore v. Sergi, 38 Conn.App. 829, 835-36 (1995).   The court has applied the factors set forth in the above three cases in granting the Request for Leave to Amend.

The plaintiffs are ordered to file with the clerk of the Superior Court and serve on all defendants pursuant to P.B. §§ 10-12 and 10-13 an original signed amended complaint consistent with this court order so that the court computer file will contain the document entitled Amended Complaint together with the attached exhibits.

BY THE COURT

Hon. Kevin Tierney

Judge Trial Referee

Tierney, Kevin, J.T.R.