Watts v. Chittenden

22 A.3d 1214, 301 Conn. 575, 2011 Conn. LEXIS 282
CourtSupreme Court of Connecticut
DecidedJuly 19, 2011
DocketSC 18474
StatusPublished
Cited by80 cases

This text of 22 A.3d 1214 (Watts v. Chittenden) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watts v. Chittenden, 22 A.3d 1214, 301 Conn. 575, 2011 Conn. LEXIS 282 (Colo. 2011).

Opinions

Opinion

EVELEIGH, J.

The plaintiff, John D. Watts, appeals, following our grant of his petition for certification, from the judgment of the Appellate Court, which reversed the judgment of the trial court awarding the plaintiff damages for intentional infliction of emotional distress on the part of the defendant, Heather Chittenden. On appeal, the plaintiff claims that the Appellate Court improperly reversed the judgment of the trial court by concluding that the existence of an original duty must be established before applying the continuing course of conduct doctrine to toll the statute of limitations in a nonnegligence cause of action for intentional infliction of emotional distress. We agree with the plaintiff and, accordingly, reverse the judgment of the Appellate Court.

The Appellate Court opinion recites the following facts, as found by the trial court, and procedural history pertinent to the plaintiffs appeal. “The plaintiff and the defendant are former husband and wife. They were married in July, 1993; however, the defendant filed a dissolution of marriage action in the Superior Court in March, 1999. During the course of the marriage, the parties had two daughters, bom in 1995 and 1996. Following the dissolution, the defendant was granted joint custody and visitation rights. Several days before the dissolution action was filed, the defendant transferred her children to a new pediatrician. Specifically, the children saw Janet Murphy, a nurse practitioner, whom the defendant, also a nurse practitioner, had met while a student in a class taught by Murphy on the subject of sexual molestation of children.

[578]*578“At approximately 10:30 p.m. on June 3, 1999, the defendant [telephoned] the department of children and families (department) to report that her eldest daughter had been abused sexually by the plaintiff. These allegations were then relayed by the department to the state police. The same report was also made by the defendant to Dawn Torres, a pediatrician. Thereafter, on June 10, 1999, the defendant met with [Anthony Buglione and James McGlynn, detectives with] the state police and reiterated her report that her daughter had been abused sexually by the plaintiff. She gave a five page written statement to the police providing details of her claims. Following this report, the state police contacted the plaintiff and requested pubic hair samples to be used in connection with the criminal investigation. On July 1, 1999, the investigation concluded in the absence of any evidence to suggest that the plaintiff was abusing his daughter.

“On July 21, 1999, McGlynn received another report from the department, which was based on new allegations made by the defendant regarding the plaintiffs abuse of their eldest daughter. On August 19, 1999, the defendant told McGlynn that the plaintiff continued to abuse their daughter, and, as a result, the investigation was reopened. During the course of the investigation, the daughter was evaluated by the Yale Child Sexual Abuse Clinic at Yale-New Haven Hospital (clinic). The clinic reported that the daughter indicated repeatedly during interviews that the plaintiff had not abused her. She did relate, however, that the defendant had been touching her vaginal area and saying, ‘this is what daddy does.’ The investigation stemming from this complaint was closed on January 11, 2000.

“Shortly thereafter, on January 19, 2000, the department received a report from Livia Orsis-Abdo, a physician in Southport, who stated that she had been told by the parties’ youngest daughter that the plaintiff had [579]*579abused her sexually. As a result, the investigation against the plaintiff was reopened once again. The police eventually concluded that there was no evidence to support the allegations against the plaintiff but that there was substantial evidence that the defendant had sexually abused her two daughters while telling them that it ‘was what daddy [did].’

“As a result of the investigation, the defendant was arrested and charged in a substitute information with two counts of risk of injury to a child in violation of General Statutes (Rev. to 1999) § 53-21 (1) and (2), false reporting of an incident in violation of General Statutes (Rev. to 1999) § 53a-180 (a) (3) (A), false statement in the second degree in violation of General Statutes § 53a-157b, attempt to commit malicious prosecution in violation of General Statutes §§ 53a-49 (a) (2) and 53-39, and sexual assault in the fourth degree in violation of General Statutes (Rev. to 1999) § 53a-73a (a) (1). On April 11, 2002, the defendant pleaded guilty, as a part of a plea agreement, to falsely reporting an incident and attempt to commit malicious prosecution. In the statement of facts read into the record by the prosecutor, the defendant acknowledged that the allegations of sexual abuse asserted against the plaintiff were false and that the defendant made the false reports in an effort to have the plaintiff arrested. On May 30, 2002, the defendant was sentenced to a term of one year incarceration, execution suspended, and three years probation on each count.

“Following her guilty plea on April 11,2002, the defendant made repeated accusations to family therapists regarding the plaintiffs continuing sexual abuse of his daughters. Specifically, in 2004, she told Nina Rossa-mondo, a family therapist, that the plaintiff had abused sexually one or more of his children. In May, 2006, she also told Peter Kossef, a family therapist, that the plaintiff had molested the eldest daughter at least once.

[580]*580“On August 29, 2005, the plaintiff filed a one count complaint sounding in intentional infliction of emotional distress. The defendant filed an answer on October 20, 2005, in which she asserted as a special defense that the action was time barred under the statute of limitations. The plaintiff filed a reply, denying this special defense on May 22, 2006. On June 11, 2007, the plaintiff sought, and was granted, request for leave to amend his complaint to conform the pleadings to the proof by asserting the specific manner in which the defendant’s tortious conduct continued to 2006. Subsequently, the defendant amended her special defenses on September 20, 2007, to assert that the statements she made were privileged and that the claims were barred by the statute of limitations. The plaintiff filed a general denial to the defendant’s amended special defenses on October 31, 2007.

“A trial before the court was conducted on May 1 and 2, June 11 and September 20,2007. The court found in favor of the plaintiff on January 25, 2008 . . . .” Watts v. Chittenden, 115 Conn. App. 404, 406-408, 972 A.2d 770 (2009). In doing so, the trial court rejected the defendant’s special defense that the plaintiffs cause of action was barred by the statute of limitations. Specifically, the trial court determined that the plaintiffs claim was based on a continuing course of conduct by the defendant and that this continuing course of conduct tolled the statute of limitations.1 The defendant then appealed from the judgment of the trial court to the Appellate Court.

On appeal to the Appellate Corut, the defendant claimed, inter alia, that the trial court improperly con-[581]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mayes v. New Haven
D. Connecticut, 2024
Taylor v. Muhammad
D. Connecticut, 2024
Sakon v. Johnson
D. Connecticut, 2024
Cooper v. Yale University
D. Connecticut, 2024
Roman v. A&S Innersprings USA, LLC
223 Conn. App. 403 (Connecticut Appellate Court, 2024)
Simons v. Yale University
D. Connecticut, 2024
Khan v. Yale Univ.
Second Circuit, 2023
Pal v. Canepari
D. Connecticut, 2023
Apatow v. Stratford
D. Connecticut, 2023
Jones v. Quiros
D. Connecticut, 2022
Vasel v. Garrahy
D. Connecticut, 2022
Medical Device Solutions, LLC v. Aferzon
207 Conn. App. 707 (Connecticut Appellate Court, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
22 A.3d 1214, 301 Conn. 575, 2011 Conn. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watts-v-chittenden-conn-2011.