Morales v. Kagel

755 A.2d 915, 58 Conn. App. 776, 2000 Conn. App. LEXIS 331
CourtConnecticut Appellate Court
DecidedJuly 18, 2000
DocketAC 19029
StatusPublished
Cited by5 cases

This text of 755 A.2d 915 (Morales v. Kagel) 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
Morales v. Kagel, 755 A.2d 915, 58 Conn. App. 776, 2000 Conn. App. LEXIS 331 (Colo. Ct. App. 2000).

Opinion

Opinion

SHEA, J.

The plaintiff, Francisco J. Morales, appeals from the judgment of the trial court rendered after the granting of the motion for summary judgment filed by [778]*778the defendant, Carol M. Kagel, a psychologist.1 On appeal, the plaintiff claims that the court improperly granted the motion because the defendant did not have “reasonable cause to suspect or believe” a claim of alleged child abuse, and did not report it to the department of children and families (department) in good faith, pursuant to General Statutes (Rev. to 1995) § 17a-101.2 We affirm the judgment of the trial court.

The following facts and procedural history are relevant to our resolution of this appeal. On December 12, 1995, the plaintiffs then wife, Sarah Louise Morales,3 [779]*779contacted the defendant by telephone because she was concerned about certain inappropriate sexual behavior exhibited by her four and one-half year old son, who, when she questioned him, told her that the plaintiff had done those things to him. During the conversation, the defendant informed Louise Morales that due to the nature of the allegations and the possibility of child abuse, the defendant would have to report the matter to the department. Prior to reporting the matter to the department, however, the defendant contacted the child abuse hotline to inquire whether, on the basis of the information Louise Morales provided, the defendant had a duty as a psychologist, pursuant to § 17a-101, to report the information. The hotline supervisor advised the defendant that she was obligated to report the information. Accordingly, the defendant provided an oral, and later a written, report to the department regarding the accusations by Louise Morales that the plaintiff had committed sexual abuse.

Thereafter, on November 14, 1997, the plaintiff commenced this action by serving the defendant with a five count complaint. In March, 1998, the defendant filed a motion for summary judgment with a supporting memorandum of law, claiming, pursuant to § 17a-101, that she did not owe a duty to the suspected child abuser and was immune from civil liability for reporting the allegations of abuse to the department. In July, 1998, the plaintiff filed an objection to the motion for summary judgment and attached an affidavit from his treating psychiatrist, Kenneth M. Selig. The relevant portion of Selig’s affidavit states that “it is [his] professional opinion as a [psychiatrist] that [the defendant] was not required to report her telephone conversation with [Louise Morales] to the [department] in that a reasonable basis did not exist based upon the single phone conversation between Louise Morales and [the defendant] for suspecting sexual abuse.”

[780]*780Later, the defendant filed a reply to the affidavit and, thereafter, the plaintiff filed a response to the defendant’s reply. On October 27, 1998, the court filed its memorandum of decision granting the defendant’s motion for summary judgment. This appeal followed. Additional facts will be provided as necessary.

We first address the appropriate standard of review. “Our standard of review of a trial court’s decision to grant a motion for summary judgment is well established. . . . Practice Book § [17-49] requires that judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A material fact is a fact that will make a difference in the result of the case. . . . The facts at issue are those alleged in the pleadings. . . . The party seeking summary judgment has the burden of showing the absence of any genuine issue as to all material facts, which, under applicable principles of substantive law, entitle him to a judgment as a matter of law. . . . The party opposing such a motion must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact. ... In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . . The test is whether a party would be entitled to a directed verdict on the same facts. ... A motion for summary judgment is properly granted if it raises at least one legally sufficient defense that would bar the plaintiffs claim and involves no triable issue of fact.” (Citations omitted; internal quotation marks omitted.) Lunn v. Cummings & Lockwood, 56 Conn. App. 363, 369-70, 743 A.2d 653 (2000).

The plaintiff argues that the court improperly granted the defendant’s motion for summary judgment because the defendant did not have reasonable cause to suspect [781]*781or to believe that a child was abused, and reported the claim to the department in bad faith. We disagree.

The plaintiff claims that Selig’s affidavit stating that in his professional opinion the defendant “was not required to report her telephone conversation with Ms. Louise Morales to the [department]” because “a reasonable basis did not exist based upon the single phone conversation between Louise Morales and [the defendant] for suspecting sexual abuse,” created a genuine issue of material fact that precluded the court from granting the defendant’s motion for summary judgment.

Although an affidavit by an expert may be considered in opposition to a motion for summary judgment, con-clusoiy affidavits, even from expert witnesses, do not provide a basis on which to deny such motions. 27A Fed. Proc., L. Ed. § 62:717 (1996). In the present case, Selig merely stated that the defendant did not have a reasonable basis for reporting the telephone conversation to the department, yet he did not set forth specific facts to support his claim. His statement, therefore, was conclusory and did not provide a basis on which to deny the defendant’s motion for summary judgment.

Furthermore, the affidavit does not state facts to support the plaintiffs claim that the defendant was acting in bad faith when she reported Louise Morales’ claim of child abuse to the department after being advised by the hotline supervisor that she was obligated to do so. The affidavit raises no issue of fact that would defeat the defendant’s qualification for the immunity privilege of a psychologist acting in good faith pursuant to § 17a-101 (h).

The plaintiff further claims that the defendant failed to make sufficient inquiry during the telephone call from the plaintiffs wife to afford the defendant a reasonable basis to suspect abuse. As appropriately stated by the court in its memorandum of decision, however, “Noth[782]*782ing in the General Statutes requires a mandated reporter to undertake such further investigation . . . .” General Statutes (Rev. to 1995) § 17a-101 (e) provides that the investigation will be made by the agency receiving the report, not by the reporting psychologist or mental health professional. General Statutes (Rev. to 1995) § 17a-101 (h) provides that “any person, institution or agency which, in good faith, makes the report required by this statute shall be immune from any liability

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Cite This Page — Counsel Stack

Bluebook (online)
755 A.2d 915, 58 Conn. App. 776, 2000 Conn. App. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-kagel-connappct-2000.