134 Conn. App. 607 - Mollica v. Toohey’s Empirical Analysis

Citation profile

2 district · 12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The first requirement, referred to as the discovery portion ... requires a plaintiff to bring an action within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered .... The second provides that in no event shall a plaintiff bring an action more than three years from the date of the act or omission complained of.... The three year period specifies the time beyond which an action under § 52-584 is absolutely barred, and the three year period is, therefore, a statute of repose.”

   1 later decision quote this exact passage
   e.g. 188 Conn. App. 153 - Parnoff v. Aquarian Water Co. of Connecticut (AC40383)

2. “When applying § 52-584 to determine whether an action was timely commenced, this court has held that an injury occurs when a party suffers some form of actionable harm.... Actionable harm occurs when the plaintiff discovers ... that he or she has been injured and that the defendant's conduct caused such injury.... The statute begins to run when the plaintiff discovers some form of actionable harm, not the fullest manifestation thereof.... The focus is on the plaintiff's knowledge of facts, rather than on discovery of applicable legal theories.”

   1 later decision quote this exact passage
   e.g. 188 Conn. App. 153 - Parnoff v. Aquarian Water Co. of Connecticut (AC40383)

3. “No action to recover damages for injury to the person ... shall be brought but within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of ....”

   1 later decision quote this exact passage
   e.g. 188 Conn. App. 153 - Parnoff v. Aquarian Water Co. of Connecticut (AC40383)