A Connecticut state court judge has denied Hanover Insurance Co.'s request to dismiss a mother's lawsuit seeking partial enforcement of a $13.4 million judgment related to her son's death in a group home. However, the judge agreed to pause the matter while the group home appeals the verdict.
Superior Court Judge Angelica Papastavros ruled Friday that Kathleen Case, the administrator of her son Scott Case's estate, is entitled to pursue payment under Connecticut law despite the ongoing appeal by the Connecticut Institute for the Blind (Oak Hill), which runs the group home. Hanover had argued that Case lacked standing, as the trial verdict is not yet final.
Judge Papastavros disagreed, citing state statutes that treat a jury verdict as a final judgment, despite the appeal. However, she issued an automatic stay on the case under court rules, noting that Hanover's payment would essentially enforce the judgment.
Case's negligence lawsuit accused Oak Hill of failing to address her son's malfunctioning sleep apnea apparatus and mishandling his medical emergency, leading to his death in May 2016. A jury awarded Case $4 million for negligence and $6 million for willful disregard under state law, with interest totaling more than $3.36 million.
Oak Hill, which has $11 million in coverage, is seeking to have Hanover pay 40% of the judgment. The group home is appealing the verdict, citing issues including punitive damages, causation, and jury considerations on future damages.
The case also includes a negligent handling claim against insurance broker May Bonee & Walsh, which remains under review.
Counsel Information
- Case is represented by James J. Healy of Cowdery Murphy & Healy LLC, and John W. Mills and Maria A. Cahill of Mills & Cahill LLC.
- Hanover is represented by Kevin R. Kratzer and Ashley A. Noel of Boyle Shaughnessy Law PC.
- Oak Hill is represented by Corinne A. Burlingham, Michael S. Taylor, and David G. Hill of Barry Taylor & Levesque LLC.
- May Bonee & Walsh is represented by Michael T. McCormack and Michelle M. Seery of O'Sullivan McCormack Jensen & Bliss PC.
Case Details
Case v. Hanover Insurance Co. et al., case number NNH-CV24-6143677-S, in the Connecticut Superior Court (New Haven Judicial District).
Case v. The Connecticut Institute for the Blind dba Oak Hill et al., case number UWY-CV18-6040435-S, in the Connecticut Superior Court (Waterbury).
Kathleen Case, Administrator (Estate of Scott Case) v. The Connecticut Institute for the Blind et al., case number AC 47664, in the Connecticut Appellate Court.
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