Connecticut 2013 Regular Session

Connecticut Senate Bill SB01154 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 1154
2		-	January Session, 2013 _____SB01154JUD___041513____
	1	+	General Assembly Raised Bill No. 1154
	2	+	January Session, 2013 LCO No. 3240
	3	+	03240_______JUD
	4	+	Referred to Committee on JUDICIARY
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 1154
	10	+	Raised Bill No. 1154
7	11
8	12		January Session, 2013
9	13
10		-	_____SB01154JUD___041513____
	14	+	LCO No. 3240
	15	+
	16	+	03240_______JUD
	17	+
	18	+	Referred to Committee on JUDICIARY
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
11	23
12	24		AN ACT CONCERNING THE ACCIDENTAL FAILURE OF SUIT STATUTE.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16	28		Section 1. Section 52-592 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to actions pending on or filed on or after said date):
17	29
18		-	(a) If any action, commenced within the time limited by law, has failed one or more times to be tried on its merits because of insufficient service or return of the writ due to unavoidable accident or the default or neglect of the officer to whom it was committed, or because the action has been dismissed for want of jurisdiction, or because the action has been otherwise avoided or defeated by the death of a party or for any matter of form, or because the action has been dismissed ~~once~~ pursuant to subsection (c) of section 52-190a; or if, in any such action after a verdict for the plaintiff, the judgment has been set aside, or if a judgment of nonsuit has been rendered or a judgment for the plaintiff reversed, the plaintiff, or, if the plaintiff is dead and the action by law survives, [his] the plaintiff's executor or administrator, may commence a new action, except as provided in subsection (b) of this section, for the same cause at any time within one year after the determination of the original action or after the reversal of the judgment.
	30	+	(a) If any action, commenced within the time limited by law, has failed one or more times to be tried on its merits because of insufficient service or return of the writ due to unavoidable accident or the default or neglect of the officer to whom it was committed, or because the action has been dismissed for want of jurisdiction, or because the action has been otherwise avoided or defeated by the death of a party or for any matter of form, or because the action has been dismissed pursuant to subsection (c) of section 52-190a; or if, in any such action after a verdict for the plaintiff, the judgment has been set aside, or if a judgment of nonsuit has been rendered or a judgment for the plaintiff reversed, the plaintiff, or, if the plaintiff is dead and the action by law survives, [his] the plaintiff's executor or administrator, may commence a new action, except as provided in subsection (b) of this section, for the same cause at any time within one year after the determination of the original action or after the reversal of the judgment.
19	31
20	32		(b) When any action has been brought against an executor or administrator or continued against an executor or administrator after the death of the defendant and has failed for any of the causes listed in subsection (a) of this section, the plaintiff, or [his] the plaintiff's executor or administrator in case a cause of action survives, may commence a new action within six months after the determination of the original action.
21	33
22	34		(c) If an appeal is had from any such judgment to the Supreme Court or Appellate Court, the time the case is pending upon appeal shall be excluded in computing the time as [above] limited in subsections (a) and (b) of this section.
23	35
24	36		(d) The provisions of this section shall apply to any defendant who files a cross complaint in any action, and to any action between the same parties or the legal representatives of either of them for the same cause of action or subject of action brought to any court in this state, either before dismissal of the original action and its affirmance or within one year after the dismissal and affirmance, and to any action brought to the United States circuit or district court for the district of Connecticut which has been dismissed without trial upon its merits or because of lack of jurisdiction in such court. If such action is within the jurisdiction of any state court, the time for bringing the action to the state court shall commence from the date of dismissal in the United States court, or, if an appeal or writ of error has been taken from the dismissal, from the final determination of the appeal or writ of error.
25	37
26	38		(e) The provisions of this section shall apply to any claim against the state for which a notice of claim has been properly and timely filed with the Office of the Claims Commissioner in accordance with sections 4-147 and 4-148 and which thereafter has been dismissed by the Claims Commissioner pursuant to section 4-142.
27	39
28	40
29	41
30	42
31	43		This act shall take effect as follows and shall amend the following sections:
32	44		Section 1 from passage and applicable to actions pending on or filed on or after said date 52-592
33	45
34	46		This act shall take effect as follows and shall amend the following sections:
35	47
36	48		Section 1
37	49
38	50		from passage and applicable to actions pending on or filed on or after said date
39	51
40	52		52-592
41	53
	54	+	Statement of Purpose:
42	55
	56	+	To amend the accidental failure of suit statute to expressly include any medical negligence claim that was dismissed because the plaintiff failed to obtain the written opinion of a similar health care provider.
43	57
44		-	JUD Joint Favorable Subst.
45		-
46		-	JUD
47		-
48		-	Joint Favorable Subst.
	58	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]