Epright v. Liberty Mutual Ins. Co.

Opinion

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The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** JACQUELINE EPRIGHT v. LIBERTY MUTUAL INSURANCE COMPANY (AC 43826) Alvord, Moll and Sheldon, Js.

Syllabus

The plaintiff appealed to this court after the trial court granted the defen- dant’s motion to disqualify an expert witness. Held that the trial court’s order was not a final judgment for purposes of appeal because it did not satisfy either prong of the test set forth in State v. Curcio (191 Conn. 27). Argued February 8—officially released March 1, 2022

Procedural History

Action to recover underinsured motorist benefits, brought to the Superior Court in the judicial district of Middlesex, where the court, Frechette, J., granted the defendant’s motion to disqualify an expert witness, and the plaintiff appealed to this court. Appeal dismissed. Mario Cerame, with whom, on the brief, was Timo- thy Brignole, for the appellant (plaintiff). Thomas P. Mullaney III, for the appellee (defendant). Opinion

PER CURIAM. The plaintiff, Jacqueline Epright, appeals from the trial court’s granting of the motion to disqualify James W. Depuy as an expert witness, filed by the defendant, Liberty Mutual Insurance Company, as a motion for order to show cause. Because such an interlocutory order does not satisfy either prong of the test set forth in State v. Curcio, 191 Conn. 27, 31, 463 A.2d 566 (1983), and, therefore, is not a final judgment for purposes of appeal, the plaintiff’s appeal is dis- missed. The appeal is dismissed.