Opinion
11-10-2020
Phyllis LARMEL v. METRO NORTH COMMUTER RAILROAD COMPANY
James P. Brennan, Waterbury, in support of the petition. Beck S. Fineman, Stamford, in opposition.
James P. Brennan, Waterbury, in support of the petition.
Beck S. Fineman, Stamford, in opposition.
The plaintiff's petition for certification to appeal from the Appellate Court, 200 Conn. App. 660, 240 A.3d 1056 (2020), is granted, limited to the following issues:
"1. Did the Appellate Court correctly conclude that a judgment rendered after mandatory arbitration pursuant to General Statutes § 52-549u is a ‘trial on the merits' that bars a plaintiff from subsequently utilizing the accidental failure of suit statute, General Statutes § 52-592 ?
"2. Was the plaintiff's failure to request a trial de novo pursuant to General Statutes § 52-549z, following entry of the arbitrator's decision under § 52-549u, a ‘matter of form,’ as contemplated by § 52-592 ?"
McDONALD, J., did not participate in the consideration of or decision on this petition.