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AUDREY MONTI ET AL. v. NAOMI E. WENKERT ET AL. (SC 18028) (SC 18029)
Rogers, C. J., and Norcott, Katz, Zarella and Schaller, Js. Argued February 14--officially released May 27, 2008

Frank H. Santoro, for the appellants (defendant Mark J. Decker et al.). Carey B. Reilly, with whom were Cynthia C. Bott, and, on the brief, Christopher D. Bernard, for the appellees (plaintiffs).

Opinion

KATZ, J. The defendant Mark J. Decker, individually and doing business as Ellington Family Practice, appeals from the judgment of the trial court, rendered after a jury trial, against him for damages and prejudgment interest in favor of the plaintiffs, Audrey Monti and Robert Monti, coadministrators of the estate of their seventeen year old daughter, the decedent, Lisa Monti (Lisa), for negligent treatment of Lisa's respiratory illness. In his consolidated appeals to this court,1 the defendant contends that the trial court improperly denied his motion to set aside the verdict on the grounds that: (1) the jury had returned an impermissible compromise verdict; (2) the trial court improperly had sent the jury back to reconsider only the issue of noneconomic damages; (3) the nondisclosure of a settlement agreement reached during trial between the plaintiffs and the named defendant, Naomi E. Wenkert, and her medical practice group, the Institute of Living Medical Group, P.C., prejudiced the defendant and tainted the verdict; and (4) the plaintiffs failed to engage in a precomplaint inquiry to determine whether there was a good faith basis to bring a malpractice action, as required by General Statutes (Rev. to 1999)

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Connecticut Law