Page 33 - CLT041221

CONNECTICUT OPINIONS APRIL 12, 2021 ¦ 33

LEGAL ETHICS AND ATTORNEY DISCIPLINE PERSONAL INJURY

Attorney Suspended from Practice for Injured Bicyclist Survives Town’s
One Year for Misconduct Motion to Strike in Greenway Injury
Case
CASE: Office of Chief Disciplinary Counsel v. Altamirano
COURT: Danbury J.D. at Danbury
DOC. NO.: CV-19-6033307 CASE: Darin v. Town of Suffield
COURT OPINION BY: Pavia COURT: New Haven J.D. at New Haven
DATE: March 16, 2021 • PAGES: 4 DOC. NO.: CV-20-6103128
COURT OPINION BY: Wilson
Respondent attorney Altamirano was engaged by DATE: March 19, 2021 • PAGES: 13
the complainant in regard to a prenuptial agree-
ment and ongoing civil actions, and collected A bicyclist, who brought suit against the
attorney fees, however Altamirano failed to pro- town after injuring himself on a public gre-
vide any legal services or take any action in com- enway, was able to survive a motion to strike
plainant’s court cases. Petitioner, the Office of the by showing that the greenway was a road. In
Chief Disciplinary Counsel, filed a presentment April 2018, the plaintiff, Keith Darin, was rid-
with the Superior Court against Altamirano al- ing his bicycle on a greenway when he traveled
leging misconduct by violations of sections 1.3 over a depression with broken pieces of pay-
and 8.4(4) of the Rules of Professional Conduct ment and fell. Darin brought suit against the
and section 2-32(a)(1) of the Connecticut Prac- Town of Suffield, arguing that they were liable
tice Book. The court found Altamirano engaged for his injuries pursuant to General Statutes §
in misconduct, and ordered he be suspended from 13a-149 as well as other statutes and common
the practice of law for one year and pay restitu- law causes of action. Suffield moved to strike
tion of the fees collected. The court also required the complaint, and the court agreed to strike
he apply for reinstatement pursuant to the Con- all but the General Statutes § 13a-149 cause,
necticut Practice Book. ruling that the greenway was a road within the
meaning of the statute.

MEDICAL MALPRACTICE PERSONAL INJURY • CONTRACTUAL

Hospital Denied Summary Judgment in DISPUTES • DISPUTE RESOLUTION
On-Call Doctor Negligence Case
Court Grants Motion to Compel
CASE: Combest-Lokites v. Zarif Arbitration Pursuant to Agreement
COURT: Waterbury J.D. at Waterbury
DOC. NO.: CV-16-6032344 CASE: Hendry v. Red Roof Inns, Inc.
COURT OPINION BY: Roraback COURT: New Britain J.D. at New Britain
DATE: March 22, 2021 • PAGES: 5 DOC. NO.: CV-19-6049874
A hospital, which had a non-affiliated “on-call” COURT OPINION BY: Wiese
general surgeon review a patient who was later DATE: March 18, 2021 • PAGES: 19
sued for malpractice, was denied summary judg- Plaintiff was involved in a fight in the lobby of a
ment because it failed to show how the surgeon hotel owned and operated by defendant, during
was not an agent of the hospital. The plaintiff, which she was injured. Plaintiff brought a negli-
Heather Combest-Lokites, was rushed to St. gence and negligent supervision action against de-
Mary’s emergency room with abdominal pain fendant, and during the course of discovery both
and the “on-call” surgeon, Abdulmasih Zarif, parties agreed to, and signed, a binding arbitra-
performed emergency abdominal surgery. Comb- tion agreement with recovery parameters. How-
est-Lokites later filed suit against Zarif and St. ever thereafter, plaintiff alleged that defendant
Mary’s for malpractice. St. Mary’s moved for violated the agreed-upon rules for discovery by
summary judgment, arguing that Zarif was not failing to provide employment manuals and the
an employee or agent of the hospital. The court complete employee file for the front desk worker,
denied the motion and ruled that there were gen- and notified defendant she would not proceed
uine issues of fact as to whether St. Mary’s held with arbitration. Defendant moved to stay the
itself out as providing the emergency services of Superior Court proceedings and enforce arbitra-
Zarif. tion. Plaintiff argued the arbitration agreement

CONNECTICUT
Law Tribune