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VERDICTS & SETTLEMENTS                                 JUNE 15, 2020 ¦ 27

“Nor was the Appellate Court                                          Gregory D’Auria and Richard
required to determine that the                                        Palmer dissented, saying the Ap-
defendants’ untimeliness was                                          pellate Court should have allowed
due to a reasonable, albeit mis-                                      the defense to file.
taken, belief that Practice Book                                        “I see no floodgates of late ap-
No. 63-1 (c) (1) provided them          The decision closes the       peals bursting open if appellate
with a new appeal period,” Mul-      matter, and allows the $4.2      courts were to take account of
lins wrote.                          million jury verdict and $1.6    such confusion when considering

The decision closes the matter,      million in interest for the      whether to permit late appeals,”

and allows the $4.2 million jury family of Jenniyah Georges D’Auria wrote for the minority.
verdict and $1.6 million in in-                                       Representing the plaintiffs were
terest for the family of Jenniyah    in Georges v. OB-GYN             Alinor Sterling and James Hor-
Georges in Georges v. OB-GYN                                          witz of Koskoff Koskoff & Bieder
                                     Services to stand.

Services to stand.                                                    in Bridgeport. Sterling declined
The ruling stemmed from a                                             to comment and Horwitz could
2011 lawsuit, which Maria Leoma                                       not be reached by press time.
filed against the Bridgeport-based                                    Representing the defense was
health facility and certified nurse                                   David Robertson of Heidell Pit-
midwife Brenda Gilmore, alleging daughter Jenni- toni Murphy & Bach in Bridgeport and Malaina
yah sustained severe and permanent nerve damage Sylvestre, who worked on the case when she was
following her 2009 birth.            with the firm of Heidell Pittoni Murphy & Bach.
Leoma claimed the defendants committed mal- Robertson declined to comment and Sylvestre did
practice during her pregnancy, labor and during the not respond to a request for comment.
delivery of her child.                                                                               ¦

In a separate, divided opinion, the high court Robert Storace covers legal trends, lawsuits and
ruled the Connecticut Appellate Court was not analysis for the Connecticut Law Tribune. Follow
obligated to grant defendants a late appeal, despite him on Twitter @RobertSCTLaw or reach him at
arguments to the contrary. In the 4-2 ruling, Justices 203-437-5950.

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