Morales v. Saint Francis Hospital & Medical Center

519 A.2d 86, 9 Conn. App. 379, 1986 Conn. App. LEXIS 1177
CourtConnecticut Appellate Court
DecidedDecember 30, 1986
Docket4158
StatusPublished
Cited by7 cases

This text of 519 A.2d 86 (Morales v. Saint Francis Hospital & Medical Center) 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. Saint Francis Hospital & Medical Center, 519 A.2d 86, 9 Conn. App. 379, 1986 Conn. App. LEXIS 1177 (Colo. Ct. App. 1986).

Opinion

Spallone, J.

The plaintiff is appealing from a judgment rendered by the trial court following a jury verdict for the defendant. The plaintiff claims the trial court committed error (1) in excluding evidence relevant to the issue of the defendant’s negligence, and (2) in refusing to charge the jury as requested.

The jury could reasonably have found the following facts. On August 11, 1978, a patient, N, came to the defendant, St. Francis Hospital and Medical Center, complaining of hearing voices. N was placed in restraints by hospital personnel and was examined by an emergency room physician. This physician admitted N and sought his transfer to a psychiatric hospital. On August 12,1978, at about 1 a.m., it was discovered that N had managed to free himself from the restraints and had escaped from the hospital. Hospital security was notified.

Later that morning, the plaintiff, a police officer, and a fellow officer received a call from the police dispatcher requesting them to proceed to a pharmacy in Hartford in order to investigate a claim of disturbance. Upon their arrival, the officers observed N in the pharmacy waving about an umbrella and a cane and knocking articles off the shelves. The plaintiff radioed for an ambulance which arrived at the scene shortly thereafter, along with two attendants, from Trinity Ambulance Service, Inc. (Trinity). A struggle ensued involving, at various times, N, the two police officers and the ambulance attendants. Under the direction of the plaintiff, the officers and the ambulance attendants attempted to place N on a stretcher and fasten him into a restraining device that was secured by utilizing zipper closures. During the struggle that followed, the plaintiff was struck in the eye by the broken end of the umbrella that N was holding in his hand. As a result, he suffered severe and permanent injuries to one of his eyes. N was subsequently readmitted to the defendant hospital.

[381]*381The plaintiff brought separate actions against the defendant and Trinity. The cases were consolidated in the trial court and tried together. At the close of the plaintiffs case, the trial court granted Trinity’s motion for a directed verdict, but denied the defendant’s motion for a directed verdict. The trial then proceeded against the defendant only, and the jury returned a general verdict in the defendant’s favor. The plaintiff then filed separate appeals from the judgments for Trinity and for the defendant. Although the appeals were not combined in this court, they were argued at the same time.

In his first claim, the plaintiff contends that the trial court erred when it refused to admit into evidence the defendant’s record of N’s readmission to the defendant hospital on August 12, 1978, following the struggle in the pharmacy. (The exhibit was marked “Y” for identification and is hereinafter referred to as “exhibit Y.”) The record of N’s original admission on August 11, 1978, was admitted and marked as exhibit X. The plaintiff claimed that exhibit Y was also admissible because it contained information regarding the events surrounding N’s original admission on August 11. Specifically, exhibit Y contained a notation by one of the hospital physicians that “[N] was seen last a.m. and described in MD note as violently psychotic.” Although the “MD note” referred to was part of exhibit X, the note actually stated that N was “schizophrenic” rather than “violently psychotic.” The defendant objected to the offer of exhibit Y on the ground that any information contained in this exhibit about the events of the previous admission was only a summary or paraphrasing of the previous admission records rather than information based on first-hand knowledge of the events of the previous evening.1 After hearing argument by coun[382]*382sel outside the presence of the jury, the trial court ruled that exhibit Y was inadmissible because the information contained in the exhibit merely paraphrased what was contained in exhibit X, “whereas the best evidence rule says that the main event of August 11 is the best evidence as recorded on that date.” The court also noted that General Statutes § 4-104, regarding inspection of hospital records, did not render exhibit Y admissible, when, as here, the court found that it was otherwise inadmissible under the rules of evidence.

We find that the trial court properly refused to admit exhibit Y. Our Supreme Court has defined the best evidence rule as follows: “ ‘[I]n proving the terms of a writing, where the terms are material, the original writing must be produced unless it is shown to be unavailable for some reason other than the serious fault of the proponent.’ ” Brookfield v. Candlewood Shores Estates, Inc., 201 Conn. 1, 10, 513 A.2d 1218 (1986), quoting C. McCormick, Evidence (3d Ed.) § 230. The best evidence rule typically applies when attempting to prove the contents of “ ‘instruments such as deeds, wills or contracts, where a slight variation of words may mean a great difference in rights.’ ” Brookfield v. Candle-wood Shores Estates, Inc., supra, 10-11, quoting C. McCormick, supra, § 231. The “ ‘basic premise justifying the rule is the central position which the written word occupies in the law.’ ” Brookfield v. Candle-wood Shores Estates, Inc., supra, 10, quoting C. McCormick, supra.

While the present case is somewhat unusual, it falls within the ambit of the rule since “written words”— here, the characterization of N’s condition on the physician’s note in exhibit X — were relevant to important issues of this case, i.e., N’s condition on August 11 and the defendant’s knowledge of that condition. Thus, because exhibit X, already introduced into evidence, [383]*383was the best evidence of the August 11 physician’s note, the trial court properly excluded exhibit Y under the best evidence rule.2

The plaintiff now asserts that he attempted to introduce exhibit Y not to prove the terms of exhibit X, but to demonstrate that the defendant could have concluded from the contents of exhibit X that N posed a significant threat to the plaintiff. This claim is apparently based on the assumption that the physician preparing exhibit Y was rendering a medical opinion rather than summarizing the earlier report and that such an opinion would be admissible under the hospital and business records exception to the hearsay rule. General Statutes §§ 4-104, 52-180; Kelly v. Sheehan, 158 Conn. 281, 284-86, 259 A.2d 605 (1969). We have examined the trial transcript of the argument concerning the admission of exhibit Y and have found no indication that the plaintiff raised this argument to the trial court. As such, we will not consider this claim. Practice Book § 288; Mays v. Mays, 193 Conn. 261, 268, 476 A.2d 562 (1984).

A few days after the trial judge had sustained the defendant’s objection to the offer of exhibit Y, the plaintiff again attempted to introduce exhibit Y in order to show that exhibit X had been altered. The plaintiff argued that because the physician preparing exhibit Y characterized exhibit X as stating that N was “violently psychotic,” whereas exhibit X had stated only that N was “schizophrenic,” exhibit Y was evidence that exhibit X had been tampered.

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Bluebook (online)
519 A.2d 86, 9 Conn. App. 379, 1986 Conn. App. LEXIS 1177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-saint-francis-hospital-medical-center-connappct-1986.