Labenski v. Goldberg

638 A.2d 614, 33 Conn. App. 727, 1994 Conn. App. LEXIS 78
CourtConnecticut Appellate Court
DecidedMarch 15, 1994
Docket12221
StatusPublished
Cited by19 cases

This text of 638 A.2d 614 (Labenski v. Goldberg) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Labenski v. Goldberg, 638 A.2d 614, 33 Conn. App. 727, 1994 Conn. App. LEXIS 78 (Colo. Ct. App. 1994).

Opinion

Heiman, J.

The plaintiff appeals from the judgment of the trial court affirming the decision of the commissioner of motor vehicles suspending her license. On appeal, the plaintiff claims that the trial court improperly (1) found that the defendant’s reliance on hearsay evidence constituted reliable, probative and substantial evidence necessary to support the defendant’s findings of fact and legal conclusions, (2) concluded that the plaintiff’s substantial rights under the Uniform Administrative Procedure Act; General Statutes § 4-166 et seq.; were not prejudiced by the defendant’s decision to impose a license suspension of an unlimited duration, (3) found that the defendant’s actions and decisions did not deprive the plaintiff of due process and equal protection of the laws, and (4) found that the defendant’s summary licensing suspension was moot. Because we agree with the plaintiff’s first claim, we reverse the judgment of the trial court.

The following facts are necessary for a proper resolution of this appeal. The plaintiff suffers from an idiopathic seizure disorder. John Homblow, a neurologist, warned the plaintiff on multiple occasions not to operate a motor vehicle because of the disorder. On April 24, 1991, the plaintiff was injured in a motor vehicle accident. After the accident, she was treated by Melissa Klaus, an emergency room physician employed by Manchester Memorial Hospital, for a mouth laceration and facial contusions. On May 1,1991, Klaus sent a report1 [729]*729to the department of motor vehicles informing them that she believed the accident was the result of the plaintiffs loss of consciousness due to a seizure. Klaus also stated in the report that she admonished the plaintiff not to drive and that part of her information concerning the plaintiff was obtained through a conversation with Hornblow.

On May 28,1991, the department of motor vehicles informed the plaintiff that her driver’s license would be suspended on June 8, 1991, pursuant to General Statutes § 14-111 (a),2 because her medical condition made the “continued operation of a motor vehicle . . . dangerous to [her] and others.” The plaintiff requested a hearing to challenge the suspension.

On October 2, 1991, the department notified the plaintiff that the hearing was scheduled to occur on November 7, 1991. The notice stated that (1) the purpose of the hearing was to determine if she met “the minimum physical standards to operate a motor vehicle safely on the highways of Connecticut,” (2) she would have an opportunity to respond to the claim that she failed to meet the health standards, (3) she could be represented by an attorney, and (4) if it was decided after the hearing that she failed to meet the physical requirements to drive a motor vehicle safely, her license could be suspended or made subject to periodic medical reporting to ensure future fitness to drive. The notice did not mention Klaus’ report to the department. At the November 7, 1991 hearing, Klaus’ report was [730]*730received into evidence. The plaintiff testified that she had not been under the care of Hornblow for seven years, she was taking medication prescribed by Horn-blow for the seizure disorder at the time of the accident, the warnings from Hornblow about not driving occurred long ago, and she had been driving for thirty-six years. She also admitted to having a seizure disorder but doubted that a seizure caused the accident. The hearing officer suggested that she attempt to obtain a neurological report stating that she had been seizure free for at least six months and that the disorder was controlled by medication. The plaintiff did not obtain such a report.

On February 6,1992, the hearing officer found that Klaus attributed the cause of the accident to a seizure experienced by the plaintiff, that the plaintiffs seizure disorder was poorly controlled by medication, that the disorder was a longstanding one, and that the plaintiff had been warned by her physician not to drive. The hearing officer further found that the plaintiff proffered no medical reports refuting the opinions of Hornblow and Klaus. On the basis of these findings, the hearing officer concluded that the plaintiff failed to meet the minimum physical standards for safe operation of a motor vehicle within the ambit of General Statutes § 14-36 (e),3 [731]*731and General Statutes §§ 14-46 through 14-46g.4 The hearing officer ordered the plaintiffs driver’s license suspended indefinitely and reinstated only upon the receipt of an “acceptable” neurological report.

On April 1, 1992, the plaintiff, pursuant to General Statutes § 4-183 (a),5 appealed the decision to the trial court. The plaintiff claimed in the trial court that (1) the notice of the administrative hearing was inadequate and denied her due process of law, (2) the decision of the hearing officer was unsupported by substantial evidence, (3) the suspension ought to have been stayed until the final decision was rendered by the hearing officer, and (4) the suspension deprived the plaintiff of the equal protection of the laws guaranteed to persons with physical disabilities by the Connecticut constitution.

On February 17, 1993, the trial court affirmed the decision of the department. The trial court stated that the notice of the hearing did not deny the plaintiff due process because it satisfied the four requirements in General Statutes § 4-177 (b),6 the decision was sup[732]*732ported by substantial evidence, which consisted of Klaus’ report and the testimony of the plaintiff, the issue of whether the suspension ought to have been stayed was moot, and the suspension did not deprive the plaintiff of the equal protection of the laws because the state has a compelling interest in highway safety and the decision of the hearing officer was narrowly tailored to protect that interest. This appeal followed.

The plaintiff first claims that the trial court improperly found that the hearsay evidence relied on by the defendant constituted reliable, probative and substantial evidence necessary to support the defendant’s findings of fact and legal conclusions. The hearing before the department of motor vehicles is subject to the Uniform Administrative Procedure Act and the scope of review is very restricted. Buckley v. Muzio, 200 Conn. 1, 3, 509 A.2d 489 (1986); Carlson v. Kozlowski, 172 Conn. 263, 266, 374 A.2d 207 (1977); Neri v. Powers, 3 Conn. App. 531, 537, 490 A.2d 528, cert. denied, 196 Conn. 808, 494 A.2d 905 (1985). To prevail in this appeal, the plaintiff must prove “that substantial rights . . . have been prejudiced because” the decision to suspend her license to operate a vehicle in this state was “clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record.” General Statutes § 4-183 (j) (5); Lawrence v. Kozlowski, 171 Conn. 705, 713-14, 372 A.2d 110 (1976), cert. denied, 431 U.S. 969, 97 S. Ct. 2930, 53 L. Ed. 2d 1066 (1977); Vicino v. Zoning Board of Appeals, 28 Conn. App. 500, 505, 611 A.2d 444 (1992).

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Bluebook (online)
638 A.2d 614, 33 Conn. App. 727, 1994 Conn. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labenski-v-goldberg-connappct-1994.