Poulin v. Yasner

781 A.2d 422, 64 Conn. App. 730, 2001 Conn. App. LEXIS 404
CourtConnecticut Appellate Court
DecidedAugust 7, 2001
DocketAC 19671
StatusPublished
Cited by27 cases

This text of 781 A.2d 422 (Poulin v. Yasner) 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
Poulin v. Yasner, 781 A.2d 422, 64 Conn. App. 730, 2001 Conn. App. LEXIS 404 (Colo. Ct. App. 2001).

Opinion

Opinion

DUPONT, J.

The plaintiff, Steven R. Poulin, appeals from the judgment for the defendant, Robert S. Yasner, in this medical malpractice cause of action. The judgment followed the granting of a directed verdict in favor of the defendant and the denial of the plaintiffs motion to set aside the directed verdict. The issues are (1) whether the trial court improperly precluded the plaintiffs expert; from testifying as to the proximate cause of the plaintiffs injuries and damages, and (2) whether without such expert testimony, the jury would have had enough other evidence to conclude that more probably than not the defendant’s breach of the standard of care was the proximate cause of the plaintiffs injuries.1 We reverse the judgment in part and affirm it in part.

The following facts and procedural history are necessary to our resolution of the plaintiffs appeal. The plaintiff initially sought medical treatment from the defendant in September, 1986. From that time until October, 1992, the defendant was the plaintiffs primary care physician. During those six years, the plaintiff saw the defendant numerous times for varying reasons.

On September 4, 1992, the plaintiff made an appointment with the defendant because he was experiencing [732]*732abdominal pains and nausea. After seeing the defendant that day, a member of the defendant’s staff transported the plaintiff from the defendant’s office to Norwalk Hospital, where he remained for seven weeks. He was diagnosed as suffering from alcoholism and acute pancreatitis.

In August, 1994, the plaintiff commenced an action against the defendant2 in two counts alleging (1) a failure to prevent, diagnose, treat or refer him for prevention, diagnosis and treatment of alcoholism and acute pancreatitis, and (2) a breach of a contractual obligation. At the close of the plaintiffs case, the court directed a verdict for the defendant pursuant to the defendant’s motion, which the court thereafter refused to set aside. The court then rendered judgment for the defendant. This appeal followed.

I

The plaintiff sought damages in a two count complaint, one count in negligence and the other in contract. During oral argument to this court, we questioned whether the directed verdict for the defendant applied to count two of his complaint as well as to count one. Because a final judgment on both counts is a necessary predicate to our jurisdiction; see Practice Book §§61-1, 61-2, 61-3; we address that issue first.3

We requested the submission of simultaneous supplemental briefs by February 14, 2001,4 limited to the issue [733]*733of whether there was a final judgment as to count two of the plaintiffs complaint, the alleged breach of contract cause of action.

The parties’ arguments on the defendant’s oral motion for a directed verdict, which the defendant made after the plaintiff had rested his case, related solely to count one. The court’s oral rationale for the judgment as rendered does not explicitly mention either count. Our review of the transcript leads us to conclude, however, that the court intended to render judgment for the defendant on both counts. In the court’s remarks to the jury explaining the direction of the verdict, the court stated that the case was both a breach of contract case and a medical negligence case.5

In his brief to this court, the plaintiff does not argue that the trial court improperly rendered judgment for the defendant as to the contract claim alleged in count two. Furthermore, we find nothing in the transcript showing that the plaintiff produced any evidence regarding the existence of a contract between him and the defendant concerning a specific result, i.e., guaranteeing that the plaintiff would not suffer from alcoholism or acute pancreatitis. Also, the plaintiff did not produce any evidence as to the care the defendant should have provided pursuant to that contract or as to the breach of any contract.

The trial court was aware of both counts, and we conclude that there was a final judgment as to both. We, therefore, affirm the judgment of the court for [734]*734the defendant as to count two and conclude that the judgment as to count one is ripe for appellate review.

II

The plaintiff maintains that the court improperly precluded his expert from testifying as to the proximate cause of the plaintiffs injuries and damages. The plaintiffs compliant alleges that as a proximate result of the defendant’s negligence he almost died, that he suffered a lengthy hospitalization and that he underwent multiple surgical procedures. He alleges that he had spent $200,000 to the date of the complaint for hospitalization and medical care, and that he had suffered and will continue to suffer physical and emotional pain, loss of earning capacity and impairment of the ability to carry on life’s activities.

According to the plaintiff, the court’s ruling to preclude the expert’s testimony concerning proximate cause led to the improper granting of the defendant’s motion for a directed verdict. The plaintiff also argued to the court that even without expert testimony as to proximate cause, the jury’s general knowledge of alcoholism and the plaintiffs testimony were sufficient to allow the jury to consider whether the defendant’s conduct proximately caused the plaintiffs injuries. The plaintiff claims, and the court recognized, that there are instances in which the failure to diagnose and to treat can result in a lost opportunity that can form the basis for proximate cause in a medical malpractice case. The defendant argued to the court that the plaintiff had not produced any evidence as to the proximate cause of the plaintiffs injuries, either by an expert witness or through any other evidence.

We begin with a brief discussion of the well settled legal principles applicable to this case. A court should direct a verdict if, on the evidence, the jury reasonably and legally could not have reached any other conclu[735]*735sion. Petyan v. Ellis, 200 Conn. 243, 244, 510 A.2d 1337 (1986). A directed verdict is justified if the plaintiff fails to present any evidence as to a necessary element of his or her cause of action. See Wallace v. St. Francis Hospital & Medical Center, 44 Conn. App. 257, 264, 688 A.2d 352 (1997).

It is also instructive to discuss the issue of proximate cause because it was the lack of evidence as to that element that was, according to the court, fatal to the plaintiffs case. “To prevail on a negligence claim, a plaintiff must establish that the defendant’s conduct ‘legally caused’ the injuries. . . . The first component of ‘legal cause’ is ‘causation in fact’ . . . [which] is the purest legal application of . . . legal cause. The test for cause in fact is, simply, would the injury have occurred were it not for the actor’s conduct.” (Citations omitted; internal quotation marks omitted.) Doe v. Manheimer, 212 Conn. 748, 757, 563 A.2d 699 (1989), overruled in part on other grounds, Stewart v. Federated Dept. Stores, Inc., 234 Conn. 597, 608, 662 A.2d 753 (1995).

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Cite This Page — Counsel Stack

Bluebook (online)
781 A.2d 422, 64 Conn. App. 730, 2001 Conn. App. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poulin-v-yasner-connappct-2001.