Opinion
No. CV 075008262
October 4, 2007
MEMORANDUM OF DECISION AND ORDER RE MOTION TO DISMISS (#104) BASED UPON ALLEGEDLY DEFECTIVE MEDICAL OPINION LETTER
Two of the defendants, Wayne Larrison and Connecticut Retina Consultants, LLC, move to dismiss the action against them on the ground that the court lacks subject matter jurisdiction because the health provider whose written opinion is attached to the complaint pursuant to General Statutes § 52-190a is not a health care provider similar to Wayne Larrison. This court has previously addressed this precise issue and concluded that it does not implicate the court's jurisdiction and is therefore not properly raised by way of a motion to dismiss. See Torres v. Carrese, Superior Court, judicial district of New London. Docket No. CV 065006514 (April 16, 2007, Jones, J.) (43 Conn. L. Rptr. 270). For the reasons set forth in that opinion, the motion to dismiss is denied.