Wanda Sanabria v. IV MD (2010)

ORDER RE MOTION TO DISMISS (# 138 )

Presently before the court is the motion to dismiss filed by the defendants Duffield Ashmead and Hartford Orthopedic, Plastic & Hand Surgeons, Inc., on the ground that the plaintiff failed to append to the complaint a sufficient opinion of a similar health care provider as required by General Statutes § 52-190a.   In light of our Appellate Court's recognition that defendants may waive that statutory requirement;  see Votre v. County Obstetrics & Gynecology Group, P.C., 113 Conn.App. 569, 586, 966 A.2d 813 (“Although the defendants might have waived this statutory requirement enacted for their benefit, they did not do so ․”), cert. denied, 292 Conn. 911, 973 A.2d 661 (2009);  the court orders the parties to the pending motion to dismiss to submit supplemental memoranda of law on or before June 15, 2010 addressing the following issue:

Have the defendants, under the provisions of Practice Book §§ 10-30 and 10-32, if applicable, or under other applicable principles of law or equity, waived the requirements of § 52-190a by their conduct or by waiting eleven months after their appearance in this matter to file their motion to dismiss?

The Court

Cosgrove, J.

Cosgrove, Emmet L., J.